Replika

"In some instances, your choices may be limited, such as where fulfilling your request would impair the rights of others, our ability to provide a service you have requested, or our ability to comply with our legal obligations and enforce our legal rights. If you are not satisfied with how we address your request, you may submit a complaint by contacting us as provided in Section 11.A below. Depending on where you reside, such as if you reside in the European Economic Area or United Kingdom, you may have the right to complain to a data protection regulator where you live or work, or where you feel a violation has occurred."

" Should you provide consent to marketing and profiling cookies being installed on your device through the cookie banner selection option, our advertising partners may also use such technologies to collect limited information about your device and interactions with the Services, such as the links you click, pages you visit, IP address, advertising ID, and browser type, but they will never have access to your conversations with your Replika AI Companion or any photos or other content you submit through the Apps."

" You acknowledge and agree that the Services may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Replika, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Services or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Services. In connection with your use of the Services, you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by Replika from accessing the Services (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Services or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Services or distributed in connection therewith are the property of Replika, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Replika."

" Email or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person, including by instructing, training, or configuring the AI to generate content depicting, describing, or simulating any identifiable real person without their consent; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of Replika, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose Replika or its users to any harm or liability of any type;"

" Repeat Infringer Policy: In accordance with the DMCA and other applicable law, Replika has adopted a policy of terminating, in appropriate circumstances and at Replika’s sole discretion, users who are deemed to be repeat infringers. Replika may also at its sole discretion limit access to the Services and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement."

" Please note that if you purchase a subscription through the Apple iTunes Store or our iPhone application, the sale is final, and we will not provide a refund. Your purchase will be subject to Apple’s applicable payment policy, which also may not provide for refunds."

" SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES."

" If you purchase a subscription through our website (via Stripe, PayPal, or other payment processor), the sale is final and we will not provide a refund, unless otherwise is stated herein or required by applicable law. Note for the EU residents: If you are an EU resident, you have the right to withdraw from the agreement for the purchase of digital content without charge and without giving any reason within fourteen (14) days from the date of such agreement conclusion. The withdrawal right does not apply if the performance of the agreement has begun with your prior express consent and your acknowledgement that you thereby lose your right of withdrawal. You hereby expressly consent to the immediate performance of the agreement and acknowledge that you will lose your right of withdrawal from the agreement once our servers validate your purchase and the applicable purchase is successfully delivered to you. Therefore, you will not be eligible for a refund unless the digital content is defective. For users residing in Brazil: applicable law may allow you to withdraw from a contract within seven days from its signing or from the receipt of the service. If your transaction qualifies for a Legal Refund under the applicable law, we will process such refunds upon your request."

" YOU EXPRESSLY UNDERSTAND AND AGREE THAT REPLIKA WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL REPLIKA’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID COMPANY IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100)."

" Use of the Services is not for emergencies. If you think you have a medical or mental health emergency, call 911 or go to the nearest open clinic or emergency room."

" We also share information with companies that provide marketing services on our behalf, but we do not share the content of your conversations for marketing or advertising purposes. For example, we may share your email address with marketing service providers to deliver our marketing emails to you on our behalf and to help us identify other individuals who may be interested in our Services. We require these marketing service providers to agree not to use your email address for any other purpose."

"We share information about visitors to our Website, such as the links you click, pages you visit, IP address, advertising ID, and browser type with advertising companies for interest-based advertising and other marketing purposes, where we have a legal basis for doing so. Sharing this information allows us and our advertising partners to target and serve advertising to you and others. We will never share your conversations with your Replika AI companion or any photos or other content you provide within the Apps with our advertising partners, or use such information for marketing or advertising purposes."

"You may not assign these Terms of Service without the prior written consent of Replika, but Replika may assign or transfer these Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service."

" "Free Use" : a free-of-charge program, which gives limited access to the Services. The “Free Use” is aimed at users who cannot afford any of our subscription-fee based programs. We reserve the right to deny the free use to anyone at any time on our own discretion."

" Analyzing trends in the use of the Services and anonymizing user interaction data to improve Service performance and safety Aggregating, anonymizing, and deidentifying personal information. Analyzing the use and effectiveness of our Services. Improving and adding features to our Services. Developing our business and marketing strategies. This includes collecting and immediately anonymizing user feedback, and small portions of Messages and Content data to train our proprietary safety algorithms, enhance chatbot performance, prevent inappropriate outputs, and ensure compliance with safety standards. The anonymized data is used only internally and is not used to train third-party large language models or other AI systems. We do not attempt to re-identify anonymized data or reconstruct individual user profiles from aggregated or de-identified datasets. Necessary to pursue our legitimate interests, adequately balanced with your rights and interests, in optimizing service performance, developing protective measures against harmful content, enhancing user experience, and informing strategic decisions to grow and tailor our offerings. Account information. Profile information. Messages and content. Interests and preferences. Payments, transactions, and rewards. Device and network data. Usage data. "

" Providing and maintaining the content and functionality of the Services. Carrying out obligations arising from our contract with you. Creating your account and profile. Facilitating payments and transactions, including for the purchase of premium features, and managing your rewards. Responding to your inquiries, comments, feedback or questions, and troubleshooting. Managing our relationship with you, which includes sending administrative information to you relating to our Services. Verifying the age of registered users. Necessary to perform our contractual obligations with you, such as providing you with the Services. Account information. Profile information. Messages and content. Interests and preferences. Payments, transactions, and rewards. Device and network data. Usage data. "

" Sending you commercial information by email that we believe will be of interest to you, such as information about our Services, features, and surveys. "

" Usage data. This includes information about how you use the Services, such as your interactions with the Services, the links and buttons you click, and page visits."