Effective Date: March 17, 2025
Last Modified: March 17, 2027
These Terms of Use ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Waife ("Company," "we," "us," or "our") regarding your access to and use of the Waife mobile application (the "Application" or "Service").
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE APPLICATION. BY DOWNLOADING, INSTALLING, ACCESSING, OR USING THE APPLICATION, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS SET FORTH HEREIN. IF YOU DO NOT AGREE TO THESE TERMS IN THEIR ENTIRETY, YOU ARE EXPRESSLY PROHIBITED FROM DOWNLOADING, ACCESSING, OR USING THE APPLICATION AND MUST DISCONTINUE ANY USE IMMEDIATELY.
You must be at least 18 years of age to access or use the Application. By accessing or using the Application, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into a binding agreement. If you are accessing or using the Application on behalf of an entity, you represent and warrant that you have the authority to bind such entity to these Terms.
To access certain features of the Application, you may be required to register for an account. When registering, you agree to provide accurate, current, and complete information and to update such information to keep it accurate, current, and complete. We reserve the right to suspend or terminate your account if any information provided during the registration process or thereafter proves to be inaccurate, not current, or incomplete.
You are responsible for maintaining the confidentiality of your account credentials, including your username and password. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with this section.
We reserve the right to suspend or terminate your account and access to the Application at any time, with or without cause, and with or without notice. Upon termination, your right to use the Application will immediately cease.
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the Application on a mobile device that you own or control, solely for your personal, non-commercial purposes.
You shall not, and shall not permit any third party to:
"User Content" means any content that you submit, post, upload, or otherwise make available through the Application, including text, images, audio, and other materials.
By submitting, posting, uploading, or otherwise making available any User Content through the Application, you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, transferable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content in any media or distribution methods now known or later developed, and to use your name and likeness in connection with such User Content.
You represent and warrant that:
We have the right, but not the obligation, to monitor, edit, or remove any User Content. We take no responsibility and assume no liability for any User Content that you or any other User or third party posts or sends through the Application.
The Application utilizes artificial intelligence technologies to generate text, images, and voice content ("AI-Generated Content"). You acknowledge and agree that:
The Application provides AI characters that simulate human-like interactions. You acknowledge and understand that:
You acknowledge and agree that we may use anonymized and aggregated data derived from your interactions with the Application, including your interactions with AI characters, to train, improve, and develop our AI systems and technologies.
The Application, including all content, features, and functionality thereof, is owned by the Company, its licensors, or other providers and is protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
All trademarks, service marks, logos, trade names, and any other proprietary designations of the Company used herein are trademarks or registered trademarks of the Company. Any other trademarks, service marks, logos, trade names, and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
If you provide us with any feedback, suggestions, improvements, or recommendations regarding the Application ("Feedback"), you hereby grant us a worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable, and transferable license to use, reproduce, modify, create derivative works from, distribute, publicly display, publicly perform, and otherwise exploit such Feedback in any manner without any restriction or obligation to you.
The Application may offer subscription-based access to premium features ("Subscription"). Details regarding the features, benefits, and pricing of each Subscription option will be provided on the Application.
By purchasing a Subscription, you authorize us to charge the applicable fees to your designated payment method. All payments are non-refundable except as expressly set forth in these Terms or as required by applicable law.
Unless you cancel your Subscription before the end of the current billing period, your Subscription will automatically renew, and you authorize us to charge the then-current Subscription fee to your designated payment method.
You may cancel your Subscription at any time through your account settings or by contacting us. Cancellation will be effective at the end of the current billing period, and you will not receive a refund for any fees already paid.
We reserve the right to change our Subscription fees at any time. If we change our Subscription fees, we will provide notice of the change on the Application or by email, at our discretion. Your continued use of the Subscription after the fee change becomes effective constitutes your agreement to pay the modified fee amount.
The Application may contain links to third-party websites, services, or content that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that the Company 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 the use of or reliance on any such content, goods, or services available on or through any such websites or services.
THE APPLICATION IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, THE COMPANY EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. THE COMPANY MAKES NO WARRANTY THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. THE COMPANY MAKES NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE APPLICATION.
YOU ACKNOWLEDGE AND AGREE THAT ANY RELIANCE ON THE APPLICATION, ITS CONTENT, OR MATERIALS OR INFORMATION PROVIDED THROUGH THE APPLICATION IS AT YOUR OWN RISK.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE APPLICATION.
UNDER NO CIRCUMSTANCES WILL THE COMPANY BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE APPLICATION OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY: (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE APPLICATION; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE APPLICATION; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE APPLICATION BY ANY THIRD PARTY; AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE APPLICATION.
IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO THE COMPANY HEREUNDER IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY, OR $100.00, WHICHEVER IS GREATER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
You agree to defend, indemnify, and hold harmless the Company, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Application; (ii) your violation of any term of these Terms; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your User Content caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Application.
These Terms and your use of the Application shall be governed by and construed in accordance with the laws of the United States, without regard to its conflict of law provisions.
Any dispute arising out of or relating to these Terms or the Application shall be resolved exclusively through final and binding arbitration. The arbitration shall be conducted by a single arbitrator in accordance with the rules of the American Arbitration Association then in effect, and the award rendered by the arbitrator shall be final and binding upon the parties. The arbitration shall take place in [Jurisdiction], or at such other location as may be mutually agreed upon by the parties.
ANY ARBITRATION OR OTHER PROCEEDING SHALL PROCEED SOLELY ON AN INDIVIDUAL BASIS WITHOUT THE RIGHT FOR ANY CLAIMS TO BE ARBITRATED OR RESOLVED ON A CLASS ACTION BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF OTHERS. CLAIMS MAY NOT BE JOINED OR CONSOLIDATED UNLESS AGREED TO IN WRITING BY ALL PARTIES.
Notwithstanding the foregoing, either party may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use the Application after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Application.
These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire agreement between you and the Company concerning the Application and supersede all prior or contemporaneous communications, whether electronic, oral, or written, between you and the Company with respect to the Application.
The failure of the Company to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of the Company.
If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without the Company's prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. The Company may freely assign or transfer these Terms without restriction.
Any notices or other communications provided by the Company under these Terms will be given by posting to the Application or, at the Company's discretion, by email to the email address you provide in your account.
No agency, partnership, joint venture, or employment relationship is created as a result of these Terms, and neither party has any authority of any kind to bind the other in any respect.
The Company shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond the Company's reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.
If you have any questions about these Terms, please contact us at:
Email: contact@waifeapp.com
BY USING THE APPLICATION, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEIR TERMS AND CONDITIONS.