Terms of Service

Effective Date: April 19, 2025

This Terms of Service Agreement ("Agreement" or "Terms") is entered into by and between you ("User" or "you") and Evermine LLC., a Delaware LLC ("Evermine," "we," "us," or "our"), and governs your access to and use of the Evermine mobile application, website, and related services (collectively, the "Service").

By accessing or using the Service, you:

  • Confirm you are at least 18 years old,
  • Agree to these legally binding Terms, and
  • Understand the Service involves simulated intimacy and emotional content generated by artificial intelligence.

If you do not agree, do not use the Service.

1. Eligibility

The Service is intended for users 18 years of age or older. You must not access or use the Service if you are under 18 or otherwise not legally competent to enter into contracts in your jurisdiction.

Evermine reserves the right to take reasonable steps to verify age and identity, including automated checks and account termination for users found to be underage.

2. Nature of the Service

Evermine provides simulated AI companions for entertainment and companionship. These AI entities are fully artificial and do not represent real people.

By using the Service, you expressly acknowledge:

  • All characters are fictional and algorithmically generated.
  • Emotional responses and personalities are simulations and not indicative of sentience.
  • The Service is not a substitute for real human relationships, mental health services, or therapy.

You understand and agree that simulated emotional or romantic engagement does not create any legal, ethical, or moral duty on the part of Evermine.

3. User Conduct

You agree not to:

  • Use the Service for any unlawful, exploitative, or harmful purpose;
  • Engage in abusive, harassing, or sexually explicit behavior with AI characters in violation of posted guidelines;
  • Attempt to reverse engineer, scrape, or replicate the platform or its outputs;
  • Provide false or misleading personal information.

Violation may result in suspension or permanent ban from the Service.

4. In-App Purchases and Virtual Goods

Evermine offers virtual goods (e.g., gifts, upgrades) and subscription features (e.g., premium conversations, emotional modifiers). You agree that:

  • All purchases are final and non-refundable, unless required by law.
  • Virtual goods have no monetary value and cannot be traded, sold, or redeemed.
  • Evermine may modify or discontinue digital goods and services at any time.

5. Subscription Terms

If you subscribe to Evermine, your subscription will automatically renew at the stated billing interval unless you cancel beforehand.

You authorize recurring charges to your payment method until cancelled.

You may cancel via your account settings or app store platform.

No retroactive refunds will be issued after billing, unless mandated by applicable consumer protection law.

Regional Note:

Users in the European Union, United Kingdom, and other protected jurisdictions may have a statutory 14-day withdrawal right for digital purchases. Evermine honors such rights as required by local law.

6. Emotional Wellbeing & Disclaimers

Evermine simulates emotionally engaging experiences. You understand and agree that:

  • These experiences are non-human and should not be treated as therapeutic.
  • Evermine does not provide any psychological, emotional, or mental health services.
  • If you are experiencing distress, loneliness, or symptoms of mental illness, we encourage you to seek professional assistance.
  • We disclaim all liability for emotional harm, obsession, or psychological dependence arising from simulated AI interactions.

7. Intellectual Property

All content, AI personas, software, code, visual assets, and associated intellectual property are the exclusive property of Evermine, Inc.

You may not:

  • Reproduce, copy, or exploit any portion of the Service;
  • Distribute or publicly display Evermine content without written permission.

8. Termination

Evermine reserves the right to suspend, restrict, or terminate your access at any time, with or without notice, for:

  • Violations of these Terms;
  • Abusive behavior toward AI or other users;
  • Suspected fraud or age misrepresentation;
  • Legal compliance requirements.

You forfeit access to any accrued virtual content upon termination.

9. Binding Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

Any dispute arising out of or related to the Service will be resolved through final and binding arbitration, rather than in court.

You agree to waive your right to a trial by jury or to participate in a class action lawsuit. All disputes must be resolved individually.

This clause is governed by the Federal Arbitration Act and survives the termination of these Terms.

10. Disclaimer of Warranties

The Service is provided on an "as is" and "as available" basis. Evermine makes no warranties or representations, express or implied, regarding the Service, including but not limited to:

  • Fitness for a particular purpose;
  • Accuracy of AI responses;
  • Continuous availability or performance.

Use of the Service is at your own risk.

11. Limitation of Liability

To the fullest extent permitted by law, Evermine shall not be liable for:

  • Any indirect, special, incidental, or consequential damages;
  • Loss of emotional wellbeing, data, reputation, or profits;
  • Psychological impact or compulsive use of AI companions.

Total liability to you for any claims shall not exceed the amount paid by you to Evermine in the past 12 months.

12. Privacy and Data Handling

Your use of the Service is subject to our Privacy Policy, which describes how we collect, use, and protect your information.

You acknowledge that chat histories, emotional response logs, and in-app behavior may be stored to improve the AI experience, subject to applicable data protection laws (including GDPR and CCPA).

13. Modifications

We may update these Terms at any time. Changes will take effect upon posting. Material changes will be communicated in-app or via email. Continued use of the Service following updates constitutes acceptance.

14. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to conflict of law principles.

Venue for any permitted court proceedings will be the state or federal courts in Wilmington, Delaware.

By using Evermine, you confirm that you:

  1. Are at least 18 years old
  2. Understand this is a simulated, AI-generated experience
  3. Agree to the full Terms of Service above