Terms of Service

1. Acceptance of Terms

Welcome to Aiponge! By downloading, accessing, or using the Aiponge mobile application ("App") or any related services (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms").

If you do not agree to these Terms, please do not use our Services.

These Terms constitute a legally binding agreement between you and Aiponge ("we," "our," or "us").

2. Eligibility

To use Aiponge, you must:

• Be at least 13 years of age (or the minimum age required in your jurisdiction)
• Have the legal capacity to enter into a binding agreement
• Not be prohibited from using the Services under applicable law

If you are using the Services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

3. Description of Services

Aiponge is an AI-powered personal development platform that provides:

• AI-Generated Music: Personalized wellbeing music created based on your preferences and emotional state
• Wellbeing Insights: AI-generated affirmations, reflections, and personalized guidance using psychological frameworks
• Personal Writing: Private writing with optional image attachments and AI analysis
• Virtual Mentor Chat: Conversational AI support for personal development
• Music Library: Curated collection of wellbeing focused music
• Scheduled Reminders: Track alarms and writing reminders to support your wellness routine

4. Account Registration

4.1 Account Creation

To access certain features, you must create an account. You agree to:

• Provide accurate and complete information
• Maintain the security of your account credentials
• Notify us immediately of any unauthorized access
• Be responsible for all activities under your account

4.2 Guest Access

We offer limited guest access to explore the app. Guest users have restricted functionality and their data may not be preserved across sessions.

5. Subscription and Payments

5.1 Free and Premium Tiers

Aiponge offers both free and premium subscription tiers:

• Free Tier: Limited access to features with generation limits
• Premium Subscription: Full access to all features with higher or unlimited generation limits

5.2 In-App Purchases

Subscriptions and credit packs are available through in-app purchases via Apple App Store or Google Play Store. All purchases are processed through RevenueCat.

5.3 Billing and Renewal

• Subscriptions automatically renew unless canceled at least 24 hours before the end of the current period
• Your payment method will be charged through Apple or Google
• Prices may change with notice, and changes apply to subsequent billing cycles

5.4 Refunds

Refund requests must be submitted through Apple App Store or Google Play Store in accordance with their respective policies. We do not process refunds directly.

6. User Content and Conduct

6.1 Your Content

You retain ownership of content you create or upload ("User Content"), including:

• Book entries and personal writing
• Attached images
• Custom playlists and favorites

By using the Services, you grant us a limited license to process your User Content to provide and improve the Services.

6.2 Prohibited Conduct

You agree not to:

• Use the Services for any illegal purpose
• Attempt to gain unauthorized access to our systems
• Interfere with or disrupt the Services
• Upload malicious content or malware
• Impersonate others or provide false information
• Use the Services to harm, harass, or abuse others
• Reverse engineer or attempt to extract source code
• Use automated systems to access the Services without permission

7. AI-Generated Content

7.1 Nature of AI Content

Aiponge uses artificial intelligence to generate personalized content including music, insights, and affirmations. This content is:

• Generated algorithmically based on your preferences and inputs
• Intended for personal development and entertainment purposes
• Not a substitute for professional medical, psychological, or therapeutic advice

7.2 Ownership of AI-Generated Content

AI-generated music and content created through the Services is licensed to you for personal, non-commercial use. You may not redistribute, sell, or commercially exploit AI-generated content without our written permission.

8. Intellectual Property

8.1 Our Intellectual Property

All intellectual property rights in the Services, including software, design, logos, and content (excluding User Content), belong to Aiponge or our licensors.

8.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to use the Services for personal, non-commercial purposes in accordance with these Terms.

8.3 Feedback

If you provide feedback or suggestions about our Services, we may use this feedback without obligation to you.

9. Privacy

Your privacy is important to us. Our Privacy Policy explains how we collect, use, and protect your information. By using the Services, you agree to our Privacy Policy.

10. Disclaimers

10.1 No Medical Advice

Aiponge does not provide medical, psychological, or therapeutic advice. The Services are for informational and personal development purposes only and should not replace professional care.

10.2 AI Limitations

AI-generated content may not always be accurate, appropriate, or suitable for your needs. We do not guarantee the quality, accuracy, or appropriateness of AI-generated content.

10.3 Service Availability

We do not guarantee that the Services will be available at all times or without interruption. We may modify, suspend, or discontinue any aspect of the Services at any time.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AIPONGE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM YOUR USE OF THE SERVICES.

Our total liability for any claims arising from these Terms or your use of the Services shall not exceed the amount you paid to us in the twelve (12) months preceding the claim.

12. Indemnification

You agree to indemnify and hold harmless Aiponge and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from:

• Your use of the Services
• Your violation of these Terms
• Your violation of any third-party rights
• Your User Content

13. Termination

13.1 By You

You may terminate your account at any time through the app settings (Profile → Delete Account) or by contacting us at support@aiponge.com.

13.2 By Us

We may suspend or terminate your account if you violate these Terms or for any other reason at our discretion, with or without notice.

13.3 Effect of Termination

Upon termination, your right to use the Services will cease immediately. We may delete your account data in accordance with our Privacy Policy.

14. Changes to Terms

We may modify these Terms at any time. We will notify you of material changes through the app or by email. Your continued use of the Services after changes take effect constitutes acceptance of the updated Terms.

15. Governing Law and Disputes

These Terms are governed by the laws of the United States. Any disputes shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except where prohibited by law.

You agree to waive your right to participate in class action lawsuits against us.

16. General Provisions

• Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Aiponge.
• Severability: If any provision is found unenforceable, the remaining provisions remain in effect.
• Waiver: Our failure to enforce any right does not waive that right.
• Assignment: You may not assign your rights under these Terms without our consent.

17. Contact Us

If you have questions about these Terms:

• Email: legal@aiponge.com
• Support: support@aiponge.com