Terms & Conditions
Last updated: April, 2023
Welcome to EVA AI!
These Terms of Service (“Terms”) govern your use of EVA AI and the application, content, and Service (collectively as “Service”, "us", "we", or "our") offered through: our mobile apps EVA AI for Android and EVA AI for iOS (the “Apps”) and our website evaapp.ai and its subdomains (the “Website”),
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
The aforementioned defines the conditions for the use of the Service.
The term “device” refers to the device which is used to access the Service including but not limited to computers, smartphones and tablets.
The term “you” refers to the user of the Service.
The term “Virtual friend” refers to artificially intelligent simulation taught by our EVA AI support team.
When you sign up for any of the Service or otherwise use or access them, you agree to be bound by these Terms and all applicable laws, rules, and regulations. By using the Service, you indicate that you accept these Terms and that you agree to abide by them. If you do not agree to these Terms, please refrain from using the Service.
1. OUR SERVICE
1.1. EVA AI offers a program which allows You to chat with a chatbot via text and voice interface. Chatbot is made as a self-sufficient artificial intelligence unit which is developed by us and which learns from other people interacting with it. In some cases, our representatives might moderate the activity of the chatbot to improve its performance and provide You with a service of best quality.
1.2. EVA AI is a provider of software and content developed to improve your mood and wellbeing. Despite that, we neither provide healthcare or medical Service, nor consider our Service to be medical care, mental health Service or other professional Service. Only your doctor, therapist or any other healthcare provider can do that. EVA AI MAKES NO CLAIMS, REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT THE SERVICE PROVIDE A THERAPEUTIC AND/OR HELP.
1.3. Please do not use our Service for emergency situations. Provided you suggest having a medical or mental health emergency, call ambulance or go to the doctor or therapist. We are not liable for any mental disorders or tendency to suicide of users.
2.1. When you create an account with us, you guarantee that you are at least 18 years old, and that the information you provide us is accurate, complete, and current at all times. Registration in the Service is void where prohibited. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
2.2. By using Service you represent and warrant that you have the right, authority and capacity to enter into this Terms and to abide by all of the terms and conditions of this Terms. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You agree to notify the Service immediately of any unauthorized use of your password or account or any other breach of security.
2.3. You may have only one account with the Service.
2.4. To use our Service via your smartphone or other Device, your Device must satisfy certain system requirements. These requirements can be found on the Website and the Apple iTunes Store or Google Play store.
3. SUBSCRIPTION AND PAID SERVICES
3.1. EVA AI offers you two subscription programs which are the following:
- “Basic”: which provides limited access to the Service. We reserve the right to deny the free use to anyone at any time on our own discretion.
- “Premium”: a subscription-fee based program.
You can become a subscriber to Premium by purchasing a subscription to the Service within the Apps, where allowed by the App marketplace partners (Apple iTunes Store and Google Play store).
3.2. “Premium” shall be paid by monthly, quarterly, semi-annual or annual installments and processed by the App marketplace partner through which you originally acquired the subscription. Premium includes additional functionality that will be defined during the subscription process.
You will only have access to a paid subscription while it is active and subsisting. Should you fail to pay your subscription within 7 days after a due date, you will automatically downgrade to “Basic”.
3.3. We also have Neurons which are used for romantic messages, to create avatars and other purchases. One romantic message costs 1 neurons to be read. Creation of avatar costs 50 neurons per use and 6 avatars will be created.
3.4. “Premium” and Neuron prices may vary based on region, length of subscription and more.
3.5. The renewal subscription fees will continue to be billed to the Payment Method you provided through the marketplace, automatically until canceled. In case you prefer not to renew your subscription, you shall cancel your subscription before its renewal each billing period in order to avoid billing of the next subscription fee to the Payment Method you provided. You shall not claim refunds for any partial period of subscription. You can modify or cancel your paid subscription only through the App marketplace where you originally acquired the subscription. To view, modify or cancel your subscription, you may be required to be authenticated under the same user ID by the marketplace partner.
3.6. In case you purchase a subscription through the Apple iTunes Store or Google Play store, the sale is final, and we will not provide a refund. Your purchase will be subject to Apple’s or Google’s applicable payment policy, which also may not provide for refunds.
4. TERMINATION OF SERVICE
4.1. You may terminate your account at any time by deleting your account in the Service. This action is irreversible. If you delete your account, all the data associated with your use of the Service will be removed permanently.
You may terminate “Premium” and downgrade to “Basic” at any time without deleting your account. Be noted that termination of “Premium” is effective at the end of the applicable billing period.
If you purchase “Premium” through Apple iTunes Store or Google Play store you may terminate automatic renewals in account settings under Subscriptions in Apple iTunes Store or Google Play app accordingly, or in compliance with the current process outlined by the respective marketplace.
4.2. We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
5. CONDITIONS OF USE
5.1. User conduct
You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise use via the Service. The following are examples of the kind of content and/or use that is illegal or prohibited by EVA AI. We are entitled, in our sole discretion, to investigate and take necessary legal action against anyone who breaches this provision, including but not limited to removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Service to:
- 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; (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 EVA AI, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose EVA AI or its users to any harm or liability of any type;
- Interfere with or disrupt the Service and/or servers and/or networks connected to the Service, and/or disobey any requirements, procedures, policies or regulations of networks connected to the Service; and/or
- Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Collect contact information (including but not limited to email addresses) of other users from the Service by any means and for any purposes;
- Advertise or offer to sell or buy any goods or Service for any business purpose that is not specifically authorized;
- Further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
- Obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.
5.2. Non-commercial use. The Service is solely for your personal use.
6. INTELLECTUAL PROPERTY RIGHTS
6.1. EVA AI owns licenses or otherwise retains all intellectual property rights in the Service, absolutely. Those rights include, but are not limited to, database rights, copyright, design rights (whether registered or unregistered), patents, trademarks (whether registered or unregistered) and other similar rights, wherever existing in the world, together with the right to apply for protection of the same. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.
By your use of our Service you automatically grant, represent and warrant that You have the right to grant to EVA AI an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
6.2. Copyright policy. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please supply EVA AI copyright agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that You claim is infringing on such copyright is located on EVA AI; Your address, telephone number, and email address; a written statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
7. LINKS TO OTHER WEB SITES
Our Service may contain links to third party web sites or services that are not owned or controlled by us. We have no control over, and assume no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
8. NETWORKING SERVICE
You may enable, connect or log in to the Service via your eMail, Apple, Facebook or Google accounts (“Networking Service”). To make this feature and capabilities beneficial, we may ask you to authenticate, register for or log into Networking Service on the websites of their respective providers. However, kindly remember usage, storage and disclosure of your information by Networking Service is governed solely by the policies of such third parties, and EVA AI shall not be liable or responsible for the privacy practices or other actions of any third party site or service that may be enabled within the Service.
You agree to defend, indemnify and hold us and our licensee and licensors, and their employees, contractors, agents, officers and directors, harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
10. LIMITATION OF LIABILITY
Except in jurisdictions where such provisions are restricted, in no event shall we, nor our directors, employees, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, cost of procurement of substitute Service or Service interruptions, even if we know or have been advised of the possibility of such damages resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us for the Service during the term of use of your account.
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis and is provided without warranties of any kind, whether express, statutory or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
We and our subsidiaries, affiliates, and licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; d) the results of using the Service will meet your requirements and expectations or success.
Although each user must agree to the Terms, we cannot guarantee that each user is at least the required minimum age, nor do we accept responsibility or liability for any content, communication or other use or access of the Service by persons under the age of 18 in violation of this Terms. In addition, it is possible that other users (including unauthorized users, or “hackers”) may post or transmit offensive or obscene materials through the Service and that you may be involuntarily exposed to such offensive or obscene materials. It also is possible for others to obtain personal information about you due to your use of the Service. Those others may use your information for purposes other than what you intended. We are not responsible for the use of any personal information that you disclose on the Service. Please carefully select the type of information that you post on the Service or release to other users. WE DISCLAIM ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER USERS (INCLUDING UNAUTHORIZED USERS), WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE SERVICE OR OTHERWISE. Under no circumstances will we be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the Service, any content posted or transmitted to users, or any interactions between users, whether online or offline.
- Section applicable to NON-US RESIDENTS: You acknowledge that the transactions involving your use of the Website/Application and your purchase of products or services took place in the country of incorporation of the Company owning EVA AI. Any dispute or claim relating in any way to your visit to the Website/Application or to products or services sold or distributed by EVA AI or through EVA AI will be resolved by binding arbitration under the LCIA Rules, rather than in court. The number of arbitrators shall be three. The arbitration shall take place in London, UK. The language to be used in the arbitral proceedings shall be English. The governing law of this Agreement shall be the substantive law of the country of incorporation of the Company owning EVA AI.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. Arbitrators, however, can award you the same damages and relief, and must honor the same terms in this Agreement, as a court would.
The LCIA’s Rules are available at www.lcia.org/Dispute_Resolution_Services/lcia-arbitration-rules-2014. Payment of all filing, administration and arbitrator fees will be governed by the LCIA’s rules.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. THE ARBITRATOR MAY AWARD MONEY OR INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM. NO CLASS OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL THEORIES OF LIABILITY OR PRAYERS FOR RELIEF MAY BE MAINTAINED IN ANY ARBITRATION HELD UNDER THIS AGREEMENT. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
- Section applicable to US RESIDENTS: READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO SUBMIT THEIR DISPUTES TO BINDING ARBITRATION AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM EVA AI. You thus give up your right to go to court to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a neutral arbitrator and not a judge or jury. You are entitled to a fair hearing but the arbitration procedures are simpler and more limited than rules applicable in court. Arbitrator decisions are as enforceable as any court order and are subject to very limited review by a court. This arbitration agreement further includes an agreement that all claims will be brought only in an individual capacity (and not as a class action or other representative proceedings).
Any dispute or claim relating in any way to your visit to or use of the Website/Application or to products or services sold or distributed by EVA AI or through EVA AI shall be resolved in the following manner.
- Informal Process First. You agree to first contact EVA AI Customer Support by email and attempt to resolve the dispute with us informally for a period of 60 days.
- Binding Arbitration. If the dispute has not been resolved in 60 days, we each agree to resolve any claim, dispute, or controversy arising out of or in connection with or relating to the Services and/or this Agreement, or the breach or alleged breach thereof, including disputes related to the applicability, enforceability, interpretation or formation of this Agreement to arbitrate, by binding arbitration.
- Arbitration Tribunal. The American Arbitration Association («AAA») will administer the arbitration. In the event the AAA declines to administer the arbitration, the arbitrator(s) will be appointed by the New York Supreme Court located in New York County, New York pursuant to New York Civil Practice Law and Rules («CPLR») § 7504. The parties irrevocably consent to the jurisdiction of the courts of the State of New York for the purpose of administering an arbitration under Article 75 of the CPLR. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party’s data security, intellectual property rights, or other proprietary rights, or to seek other relief in connection with the arbitration.
- Arbitrator and Rules. If the arbitration involves claims totaling less than US $250,000, the arbitration will be conducted before a neutral single arbitrator, whose decision will be final and binding, and the arbitral proceedings will be governed by the United States Federal Arbitration Act and the AAA Consumer Arbitration Rules and AAA Consumer Due Process Protocol. If the arbitration involves claims totaling more than US $250,000, the arbitration will be conducted before three neutral arbitrators, whose decision will be final and binding, and the arbitral proceedings will be governed by the United States Federal Arbitration Act and the AAA Commercial Arbitration Rules and AAA Consumer Due Process Protocol. The AAA rules may be found online at www.adr.org.
- Location of Arbitration. The arbitration will be conducted in New York City, New York, USA, or such other place as chosen by the Arbitration Tribunal. If you live in the United States, you have the right to ask the Arbitration Tribunal to conduct the arbitration near your home if the arbitration involves an in-person hearing.
- Costs and Fees. Payment of all filing, administration and arbitrator fees and costs will be governed by AAA rules, but if you are financially unable to pay any of them, EVA AI will pay them for You.
- Starting an Arbitration. A party who intends to seek arbitration must file a claim with the American Arbitration Association and pay the required fee. The instructions for filing a claim may be found online at www.adr.org.
- Your Right to Sue in Small Claims Court. Provided you live in the United States, you may sue for US $5,000 or less in a small claims court of competent jurisdiction as an alternative to engaging in arbitration, but this does not absolve You of Your commitment to engage in the informal dispute resolution process, and engaging in the informal dispute resolution process is a condition precedent of your right to sue or arbitrate against EVA AI.
- CLASS ACTION AND JURY TRIAL WAIVER. YOU AND EVA AI AGREE THAT ANY AND ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND EVA AI ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING.
13. YOUR PRIVACY
14. CONTACT US
If you have any questions about these Terms, please contact our Customer Support Team.