Terms of Service

By downloading, accessing, or using the Existence mobile application ("App"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the App.

Existence is an AI character platform that lets you chat with AI-powered characters. The App provides:

• Conversations with AI characters created by us, by other users, or by you
• Tools to create and customize your own AI characters
• Voice calls with characters
• AI-generated images and selfies sent by characters
• Personalized responses based on your preferences and conversation history
• Long-term memory of your conversations

All characters are powered by artificial intelligence and machine learning technologies. You understand and acknowledge that you are interacting with an AI, not a human, and that everything a character says and every image it sends is AI-generated fiction.

Your Characters

• You retain ownership of the original creative content you write for characters you create (names, descriptions, greetings, personas)
• By creating a character, you grant us a worldwide, royalty-free license to host, store, display, and operate the character within the App, including generating AI responses and images in the character's persona
• Characters you set to Public are visible to and can be chatted with by other users. Their name, avatar, tagline, and description are public content
• Conversations other users have with your character are private to those users — you cannot see them

Character Content Rules

Characters you create must not:

• Impersonate a real person in a misleading or harmful way. Characters inspired by public figures must be clearly fictional parodies or fan creations and are not affiliated with or endorsed by the real person
• Depict or sexualize minors in any way
• Promote violence, hatred, self-harm, or illegal activities
• Infringe the intellectual property or privacy rights of others

Moderation and Removal

• We may review, restrict, or remove any character or content that violates these Terms, at our sole discretion and without prior notice
• Users can report characters, messages, and images from within the App. We review reports and take appropriate action
• Repeated violations may result in suspension or termination of your account

To use the App, you must:

• Be at least 18 years of age
• Have the legal capacity to enter into these Terms
• Not be prohibited from using the App under applicable laws

Account Creation

• You must provide accurate, current, and complete information
• You are responsible for maintaining the confidentiality of your account credentials
• You are responsible for all activities under your account
• You must notify us immediately of any unauthorized access

Account Deletion

You may delete your account at any time through Settings > Account > Delete Account. Upon deletion:

• Your account will be permanently deactivated
• Your personal data will be deleted in accordance with our Privacy Policy
• This action cannot be undone

You Agree To:

• Use the App in compliance with all applicable laws
• Provide accurate information
• Respect the rights of others
• Use the App for personal, non-commercial purposes

You Agree Not To:

• Use the App for any illegal or unauthorized purpose
• Attempt to harm, harass, or abuse other users
• Upload or transmit viruses, malware, or harmful code
• Attempt to reverse engineer, decompile, or hack the App
• Use the App to generate harmful, abusive, or illegal content
• Create characters that violate the Character Content Rules above
• Impersonate any person or entity
• Use the App in any way that could damage or overburden our systems
• Share your account credentials with others
• Use the App if you are under the minimum age requirement

Understanding AI Limitations

You acknowledge and agree that:

• AI characters are fictional. They are not humans and cannot replace human relationships
• Characters are not licensed therapists, counselors, or medical professionals — regardless of how a character is named or described
• Responses and images are generated by AI and may not always be accurate or appropriate
• Characters inspired by real people are fan-made fiction and are not affiliated with, endorsed by, or speaking for the real person
• AI characters cannot provide emergency assistance

Not a Substitute for Professional Help

The App is designed for entertainment and companionship but is NOT a substitute for:

• Professional mental health treatment
• Medical advice or diagnosis
• Emergency services
• Crisis intervention

Our Property

The App, including its content, features, functionality, design, and branding, is owned by Existence and protected by intellectual property laws. You may not:

• Copy, modify, or distribute the App
• Use our trademarks without permission
• Remove any copyright or proprietary notices

Your Content

You retain ownership of content you create (messages, characters you author). By using the App, you grant us a license to:

• Store and process your content to provide the service
• Use anonymized, aggregated data to improve our services

AI-Generated Content

Character responses and images are generated by AI. To the extent we hold rights in AI-generated outputs delivered to you, we grant you a personal, non-commercial license to use them. AI-generated images may not be used to deceive, harass, or harm others.

Your use of the App is also governed by our Privacy Policy, which describes how we collect, use, and protect your information. By using the App, you consent to our data practices as described in the Privacy Policy.

Free and Paid Features

• The App may offer both free and premium features
• Premium features require a paid subscription
• Subscription terms and pricing will be displayed before purchase

Billing

• Subscriptions are billed in advance on a recurring basis
• You authorize us to charge your payment method automatically
• Prices may change with notice

Cancellation

• You may cancel your subscription at any time
• Cancellation takes effect at the end of the current billing period
• No refunds for partial subscription periods

• MERCHANTABILITY
• FITNESS FOR A PARTICULAR PURPOSE
• NON-INFRINGEMENT
• ACCURACY OR RELIABILITY OF CONTENT

We do not warrant that:

• The App will be uninterrupted or error-free
• Defects will be corrected
• The App is free of viruses or harmful components
• AI responses will be accurate, appropriate, or helpful

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, data, or goodwill
• Service interruptions
• Any damages arising from your use of the App

Our total liability shall not exceed the amount you paid us in the 12 months preceding the claim.

You agree to indemnify and hold harmless Existence, its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from:

• Your use of the App
• Your violation of these Terms
• Your violation of any rights of another party

We reserve the right to modify these Terms at any time. Changes will be effective when posted. We will notify you of material changes through:

• In-app notifications
• Email (if provided)
• Updated "Last Updated" date

Your continued use after changes constitutes acceptance of the modified Terms.

We reserve the right to:

• Modify, suspend, or discontinue the App at any time
• Add or remove features
• Limit availability in certain regions

We will provide reasonable notice when possible.

By You

You may stop using the App and delete your account at any time.

By Us

We may suspend or terminate your access if:

• You violate these Terms
• You engage in harmful or abusive behavior
• Required by law
• We discontinue the service

Upon termination, your right to use the App ceases immediately.

These Terms shall be governed by and construed in accordance with the laws of India, without regard to conflict of law principles.

Informal Resolution

Before filing a claim, you agree to contact us to attempt to resolve the dispute informally.

Arbitration

Any disputes not resolved informally shall be resolved through binding arbitration, except for claims that qualify for small claims court.

Class Action Waiver

You agree to resolve disputes individually and waive any right to participate in class actions.

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

These Terms, together with the Privacy Policy, constitute the entire agreement between you and Existence regarding the App.

If you have questions about these Terms, please contact us:

• Email: support@boomlyai.com