Welcome to Swipely AI ("we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of www.swipely.ai and related services (collectively, the "Service"). By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, do not use the Service.

1. Eligibility

• Age Requirement: You must be at least 18 years of age to use this Service. By using the Service, you represent and warrant that you are at least 18 years old.
• Legal Capacity: You must have the legal capacity to enter into a binding agreement.
• Jurisdiction: You are responsible for ensuring that your use of the Service complies with all laws applicable to you. The Service may not be available in all jurisdictions.
• Verification: We reserve the right to verify your age and may terminate access if we have reason to believe you are under 18.

2. Nature of the Service

• AI Characters: All characters, profiles, and personas on Swipely AI are entirely artificial intelligence (AI) entities. They are not real people.
• Entertainment Purpose: The Service is provided for entertainment and companionship purposes only. It is not intended to replace human relationships, therapy, counseling, or professional services.
• AI-Generated Content: All conversations, images, and responses are generated by AI. The content may not always be accurate, appropriate, or consistent.
• No Real Relationships: Interactions with AI characters do not constitute real relationships. AI characters cannot meet you in person, send you money, or engage in activities outside the platform.
• Adult Content: The Service may generate adult-oriented content, including flirtatious, romantic, and explicit material. You consent to receiving such content.

3. Account Registration

• You must create an account to use the Service.
• You agree to provide accurate, current, and complete information during registration.
• You are responsible for maintaining the confidentiality of your account credentials.
• You are responsible for all activities that occur under your account.
• You agree to notify us immediately of any unauthorized use of your account.
• We reserve the right to suspend or terminate accounts that violate these Terms.

4. Acceptable Use

You agree NOT to:

• Use the Service for any illegal purpose or in violation of any applicable laws.
• Attempt to generate, request, or share content depicting minors in any sexual or inappropriate context.
• Attempt to generate content depicting real, identifiable individuals without their consent.
• Use the Service to harass, threaten, defame, or harm others.
• Attempt to exploit, reverse-engineer, or hack the Service or AI systems.
• Use automated systems (bots, scrapers) to access the Service without authorization.
• Circumvent usage limits, security measures, or access controls.
• Share, resell, or redistribute your account access or generated content for commercial purposes without permission.
• Upload malicious content, viruses, or harmful code.
• Impersonate any person or entity, or misrepresent your affiliation.

5. Content and Intellectual Property

• User Content: You retain ownership of content you upload (e.g., profile images). By uploading, you grant us a license to use, display, and process this content to provide the Service.
• AI-Generated Content: AI-generated text, images, and other content are generated dynamically. You may use AI-generated content for personal, non-commercial purposes. Commercial use requires our written permission.
• Service Content: The Service, including its design, features, AI models, character designs, and branding, is owned by Swipely AI and protected by intellectual property laws.
• Watermarks: AI-generated images may include watermarks indicating they are AI-generated. You agree not to remove or alter these watermarks.

6. Subscriptions and Payments

• Free Tier: The Service offers a free tier with daily usage limits on swipes, messages, and AI images.
• Premium Subscriptions: Premium plans ("Pro") offer increased limits and additional features for a recurring subscription fee.
• Billing: Subscriptions are billed in advance on a recurring basis (monthly or as specified). You authorize us to charge your payment method.
• Cancellation: You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of the current billing period.
• Refunds: Subscription fees are generally non-refundable, except as required by law. Contact support for refund requests.
• Price Changes: We may change subscription prices with reasonable notice. Continued use after a price change constitutes acceptance.

7. Usage Limits

• The Service imposes daily limits on swipes, messages, and AI-generated images based on your subscription plan.
• Limits reset daily at midnight UTC.
• We reserve the right to modify limits at any time with or without notice.
• Attempting to circumvent usage limits may result in account suspension or termination.

8. Disclaimers

• As-Is Basis: The Service is provided "as is" and "as available" without warranties of any kind, express or implied.
• No Guarantees: We do not guarantee that the Service will be uninterrupted, error-free, secure, or meet your expectations.
• AI Limitations: AI-generated content may be inaccurate, inappropriate, or offensive. We do not guarantee the quality, accuracy, or appropriateness of AI responses.
• Not Professional Advice: The Service is not a substitute for professional advice, including but not limited to therapy, counseling, legal, medical, or financial advice.
• Third-Party Services: We are not responsible for the practices or content of third-party services linked from or integrated with the Service.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SWIPELY AI AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS GREATER.

10. Indemnification

You agree to indemnify, defend, and hold harmless Swipely AI and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising out of or related to: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any third-party rights; or (d) your User Content.

11. Termination

• You may terminate your account at any time by deleting it through your account settings or by contacting support.
• We may suspend or terminate your access at any time, with or without cause, with or without notice.
• Upon termination, your right to use the Service immediately ceases.
• Provisions that by their nature should survive termination will survive, including intellectual property, disclaimers, limitations of liability, and indemnification.

12. Modifications

• We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time without notice.
• We may update these Terms from time to time. Material changes will be posted on this page with an updated effective date.
• Your continued use of the Service after changes constitutes acceptance of the modified Terms.

13. Governing Law and Disputes

• These Terms are governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to conflict of law principles.
• Any disputes arising from these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.
• You waive any right to participate in a class action lawsuit or class-wide arbitration.
• Notwithstanding the above, either party may seek injunctive relief in any court of competent jurisdiction.

14. Miscellaneous

• Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Swipely AI.
• Severability: If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force and effect.
• Waiver: Our failure to enforce any right or provision of these Terms does not constitute a waiver of such right or provision.
• Assignment: You may not assign or transfer these Terms. We may assign our rights and obligations without restriction.

15. Contact Us

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

Swipely AI
www.swipely.ai