These Terms of Service govern your access to and use of the Services, which include the EVERWITH website at www.everwith.ai, the mobile apps, and any related services. By creating an account, clicking "I agree", or using the Services, you agree to these Terms, our Privacy Policy, and the User Responsibility Acknowledgment.
This document is translated into local languages for user clarity. If there is any conflict or discrepancy between a translation and the English version, the English version will control.
If you do not agree, do not use the Services.
1. Definitions
- User: The person using the Services ("you", "your").
- Chatbot: A chatbot created by you on the Platform.
- User Content: Any content you upload, submit, or provide, including text, documents, images, audio, video, ZIP files, and exports.
- Generated Output: Text generated by the Services in response to your inputs.
- Personalization Artifacts: User-specific or chatbot-specific items such as persona profiles, summaries, vector embeddings, RAG memory, and model adapters.
- RAG: Retrieval augmented generation using a memory store and retrieval system.
- Device: A computer, phone, tablet, or other device used to access the Services.
2. Eligibility and age requirements
- You must be at least 18 years old to use the Services.
- You confirm you are at least 18 years old.
- You may not create or use a Chatbot that represents a living person, or a deceased person who was under 18 at the time of death.
- We may suspend or terminate accounts that violate these rules.
3. Account registration and security
Account registration
To use the Services, you must create an account and provide accurate, current, and complete information as requested during registration. You agree to keep your account information updated at all times. You may not create an account using false information or on behalf of another person unless you have legal authority to do so.
One account per user and account integrity
Unless explicitly permitted by the Platform, you may not share your account with others or allow anyone else to access the Services through your account. You are responsible for all activity that occurs under your account, whether or not you authorized it, including any content uploaded, any chatbots created, and any actions taken using your account.
Credential security
You are responsible for safeguarding your login credentials, including passwords, authentication codes, and any device or email access used to authenticate your account. You must use a strong password and take reasonable steps to prevent unauthorized access, including enabling available security features such as multi-factor authentication if offered.
Unauthorized access and notification
You must notify us immediately if you suspect or become aware of any unauthorized access to or use of your account, loss or theft of credentials, or any other security incident related to your account. You agree to provide accurate information and cooperate with reasonable requests from the Platform to investigate and remediate the issue.
Security measures by the Platform
The Platform may implement and require reasonable security measures to protect users and the Services, including identity verification, multi-factor authentication, session timeouts, device checks, rate limits, or temporary access restrictions. You agree to comply with these measures and acknowledge that failure to do so may result in suspension or limitation of access.
Responsibility for device and email security
You are responsible for maintaining the security of the devices and email accounts used to access the Services. If a third party gains access to your account due to your failure to secure your devices, email, or credentials, you remain responsible for the activity performed under your account, to the maximum extent permitted by applicable law.
Account suspension for security reasons
The Platform may suspend or restrict your account without notice if we reasonably believe it is necessary to protect the Services, protect users, prevent fraud, or respond to a suspected security incident. Where required by applicable law, we will provide notice or explanation.
4. Service description and key disclosures
— Service purpose
The Services allow you to create and interact with Chatbots using content you upload and information you provide. The Services are intended for personal use and conversational interaction only.
— Text-only outputs
The Services provide text-only outputs. The Platform does not provide audio, video, images, or other media outputs to users.
— Processing uploaded media
You may upload text and media content (including photos, videos, audio recordings, documents, and ZIP archives). The Platform may process uploaded media only to extract text representations to support text output and personalization, such as: transcription of audio or video, OCR of images or scanned documents, captions, labels, and descriptive text derived from media, and metadata parsing where relevant to the user's uploads. Uploaded media is not redistributed by the Platform.
— AI-generated simulation and limitations
Chatbots and Generated Output are produced by artificial intelligence and are simulations. A Chatbot is not the real person and is not endorsed, verified, or authenticated by the Platform. The Platform does not guarantee that any Chatbot or Generated Output is accurate, authentic, faithful, complete, or consistent with any real person. Generated Output may be incorrect, incomplete, misleading, offensive, or inappropriate.
— No professional advice
The Services are not medical care, therapy, legal services, financial services, or professional services of any kind. Generated Output is for general informational and conversational purposes only. You must not rely on Generated Output as a substitute for advice from qualified professionals. If you need professional help, you should seek it from a licensed or qualified provider.
— Not for emergencies
The Services are not intended for emergency use. If you believe you may be in danger or experiencing an emergency, contact local emergency services immediately.
— User responsibility and assumption of risk
You are responsible for your use of the Services and any decisions, actions, or outcomes resulting from your use of the Services or Generated Output. You understand and agree that you use the Services at your own risk, and that the Platform is not responsible for how you interpret or act on Generated Output.
— Service changes and availability
The Platform may modify, suspend, discontinue, or restrict any feature or part of the Services at any time. Availability of features may depend on your plan, your device, your location, operational capacity, or other factors.
5. Medical disclaimer and emergencies
- Not healthcare or therapy. The Services are provided for general informational and conversational purposes only. The Services are not healthcare, mental health care, therapy, counseling, diagnosis, treatment, crisis support, or a medical device. Only licensed and qualified professionals can provide medical or mental health care.
- No professional relationship. Use of the Services does not create a doctor-patient, therapist-client, counselor-client, attorney-client, or any other professional relationship between you and the Platform.
- Do not rely on the Services for decisions. You must not rely on Chatbots or Generated Output for medical, mental health, legal, financial, or other professional decisions. If you need professional help, you should seek it from qualified professionals.
- Not for emergencies. The Services are not intended for emergencies or urgent situations. If you believe you may be in danger, experiencing a medical or mental health emergency, or need immediate assistance, contact local emergency services immediately.
- Self-harm and harm to others. If you are considering self-harm, feel unsafe, or believe you may be a danger to yourself or others, stop using the Services immediately and seek urgent help from local emergency services or a qualified professional. You should also consider reaching out to someone you trust for immediate support.
- User responsibility. You are solely responsible for your actions and decisions, including any actions you take or do not take based on any content or responses provided through the Services.
6. User Content, rights, and authority
— Your ownership of User Content
You retain all right, title, and interest in and to your User Content, except for the limited licenses you grant to the Company under these Terms. Nothing in these Terms transfers ownership of your User Content to the Company.
— Personalization Artifacts
As part of providing the Services, the Platform may create Personalization Artifacts including extracted text representations, structured summaries, persona profiles, vector embeddings, RAG memory stores, and adapters. These are treated as private to you and the Chatbot you created.
— License to operate the Services
You grant the Company a limited, worldwide, non-exclusive, royalty-free license to host, store, copy, process, transmit, and use your User Content and Personalization Artifacts only as necessary to provide, maintain, secure, and support the Services for you and your account. This license ends when you permanently delete the relevant User Content and associated Personalization Artifacts.
— No use for other users or shared training
The Company will not use your User Content or Personalization Artifacts to train shared models or to improve other users' Chatbots, except where you explicitly opt in through a separate, clear consent mechanism.
— Your responsibility for rights and authority
You represent, warrant, and agree that you have the legal right and lawful basis to upload, store, and use your User Content; that your User Content does not violate any law or infringe any rights; and that you have the necessary rights, permissions, or consents to create a Chatbot based on any person being represented.
— No verification by the Platform
The Platform does not verify the accuracy, ownership, consent, legal status, or legal authority related to your User Content. The Platform relies on your declarations and does not provide legal advice.
— You remain responsible
You are solely responsible for your User Content and for any consequences arising from uploading, using, or sharing User Content or Chatbot outputs, including any claims by third parties.
7. Rules for creating Chatbots
- Chatbots may only be created in a manner that complies with these Terms and applicable law. You are responsible for ensuring that any Chatbot you create and any data you upload for that Chatbot is lawful and does not violate anyone's rights.
- You may not create, train, configure, or use a Chatbot that imitates, represents, simulates, or is intended to resemble any living person, whether public or private, and whether or not you claim to have permission.
- No minors. You may not create, train, configure, or use a Chatbot that represents, simulates, or is intended to resemble a person under the age of 18, whether living or deceased, including where the person was under 18 at the time of death.
- No deceptive identity use. You may not use the Services to impersonate a real person or to mislead others about identity, authorship, affiliation, or the nature of the Services.
- No harmful or abusive use. You may not use the Services to harass, threaten, defame, stalk, bully, exploit, or otherwise harm any person, or to encourage or facilitate violence, self-harm, illegal conduct, or wrongdoing.
- Privacy and sensitive content. You may not create or use Chatbots in a way that violates privacy, confidentiality, or data protection laws, including uploading private communications you do not have the right to use, or sensitive personal information without a lawful basis.
- Restriction on use with third parties. Chatbots and Generated Output are intended for your private, personal use. You may not use Chatbots to engage with or contact third parties as if the Chatbot is a real person.
- The Platform may remove Chatbots, restrict features, or suspend or terminate accounts if we reasonably believe a Chatbot or a user's behavior violates these Terms, our policies, or applicable law.
8. Acceptable use and prohibited activities
You agree you will not, and will not attempt to, use the Services in any way that violates these Terms, our policies, or applicable law. In particular, you agree you will not:
9. Personal use and commercial restrictions
Unless the Company expressly authorizes otherwise in writing:
The Services are for your personal use. You may not sell, resell, sublicense, or commercially exploit the Services, Generated Output, or access to the Services.
11. Storage, retention, and operational limits
We may set and change reasonable limits on storage size, upload size and formats, processing limits, retention periods, and usage rates and message volume.
We are not responsible for deletion or failure to store data where allowed by law, including where deletion results from operational limits, enforcement actions, or security measures.
We may suspend or delete inactive accounts as permitted by law and described in the Privacy Policy.
12. Deletion and account closure
You may delete User Content and certain Personalization Artifacts using the deletion tools provided in the Services.
Deletion is intended to be permanent and irreversible. Limited backups or logs may persist for a limited period for security, compliance, and operational purposes as described in the Privacy Policy.
We may suspend or terminate accounts for violations of these Terms or applicable law.
13. Memberships, subscriptions, billing, and refunds
— Plans
The Services may offer free and paid plans. Features, limits, and availability may differ by plan and may vary by country and platform (web, iOS, Android).
— Trials and promotions
The Company may offer free trials, discounted periods, promotional pricing, or other offers. Unless clearly stated otherwise at the time of enrollment, trials and promotions automatically convert to a paid subscription at the end of the trial or promotional period, and your payment method will be charged for the next billing period.
— Authorization and billing
By starting a paid plan, you authorize the Company (and, if applicable, its payment processors) to charge the payment method you provide for recurring subscription fees, taxes, and applicable charges. If you subscribe through an app store, billing is handled by that app store.
— Auto-renewal
Unless you cancel before the renewal date, paid subscriptions renew automatically for the same billing period (for example, monthly or annually) at the then-current price, to the extent permitted by law.
— How to cancel
App store subscriptions: If you subscribed through Apple App Store or Google Play, you must cancel through your app store account settings. The Company cannot cancel app store subscriptions on your behalf. Website subscriptions: If you subscribed on the website, you must cancel through your account settings or the cancellation method provided at purchase.
— When cancellation takes effect
Unless required by law, cancellation takes effect at the end of the current paid billing period. You will retain access to paid features until the end of that billing period. No partial-period refunds or credits are provided unless required by applicable law or expressly stated at checkout.
— No refunds for unused time
Except where required by applicable law, subscription fees are non-refundable and non-creditable for partially used billing periods, unused time, or unused features.
— Refunds
Purchases are final except where required by applicable law or where a specific refund policy is presented at checkout. Refund requests for Apple App Store or Google Play subscriptions must be submitted to the applicable app store and are subject to that store's refund rules.
16. Confidentiality and restrictions on sharing
Private, personal use only. The Services, platform content, Chatbots, Generated Output, and any materials created, processed, or derived through use of the Services are provided solely for your private, personal use. You agree not to use the Services or any outputs for public distribution, publication, broadcasting, commercial exploitation, or sharing with third parties unless the Platform expressly permits it in writing.
No unauthorized disclosure. Except as permitted by applicable law, you agree not to disclose, publish, distribute, transmit, display, sell, license, assign, upload to third-party platforms, or otherwise make available to any third party any of the following without the Platform's prior written consent: platform content, user interface content, or platform materials; Chatbot outputs and Generated Output; persona profiles, summaries, style packs, or other generated artifacts; chat logs or conversation histories; any derived text created from uploaded media (including transcripts, OCR text, captions, or descriptions); and any other information or content obtained through the Services that is not publicly available.
No third-party reliance. You agree that platform content and Generated Output are not intended for reliance by any person other than you. You must not present Generated Output as verified, factual, or attributable to any real person. You must not provide Generated Output to third parties in a way that could reasonably lead them to rely on it as accurate, authentic, or legally meaningful.
Assumption of risk and responsibility. If you choose to share or disclose any platform content or Generated Output, you do so entirely at your own risk. You assume full responsibility for all consequences of such sharing, including any claims, complaints, legal demands, disputes, investigations, or actions that arise from or relate to that disclosure, whether disclosure was intentional or unintentional.
Account security and indirect disclosure. You are responsible for safeguarding your account credentials and access to your devices and email accounts. If a third party accesses or obtains platform content or Generated Output through your account due to your failure to secure your credentials, devices, or account, you remain responsible for that exposure to the maximum extent permitted by applicable law.
No third-party rights. No third party shall have any rights, claims, or entitlement arising from access to, reliance upon, or use of platform content or Generated Output, whether such access occurred intentionally or unintentionally, and whether the third party obtained access from you, through your account, or through any other means not authorized by the Platform.
20. Disclaimers
— "As is" and "as available"
The Services, including all Chatbots, Generated Output, features, and content, are provided on an "as is" and "as available" basis. The Company does not guarantee that the Services will be available at all times or that access will be uninterrupted.
— No warranties
To the maximum extent permitted by applicable law, the Company disclaims all warranties of any kind, whether express, implied, statutory, or otherwise, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, quiet enjoyment, and any warranties arising out of course of dealing or usage of trade.
— No guarantee of accuracy or authenticity
The Company does not warrant that any Chatbot or Generated Output is accurate, authentic, complete, reliable, current, or suitable for any particular purpose. Generated Output may be incorrect, incomplete, misleading, or inappropriate. The Company does not guarantee that a Chatbot accurately reflects, recreates, or represents any real individual.
— No professional advice
The Services do not provide medical, mental health, legal, financial, or other professional services. Any information provided through the Services is for general informational purposes only. You should not rely on Generated Output as a substitute for advice from qualified professionals.
— Not for emergencies
The Services are not intended for use in emergencies. If you believe you may be in danger or experiencing an emergency, contact local emergency services immediately.
— Security disclaimer
While the Company uses commercially reasonable measures to protect the Services, the Company does not warrant that the Services will be secure, that unauthorized access will not occur, or that data will never be lost, compromised, or disclosed due to third-party attacks or other security incidents.
22. Limitation of liability and Disclaimer of warranties
To the maximum extent permitted by applicable law, the Company will not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, or for any loss of profits, loss of revenue, loss of business, loss of goodwill, loss of data, loss of access, emotional distress, or service interruption, arising out of or relating to the Services, any Chatbot, Generated Output, or these Terms, whether based on warranty, contract, tort (including negligence), strict liability, statute, or any other legal theory, and whether or not the Company has been advised of the possibility of such damages.
To the maximum extent permitted by applicable law, the Company's total liability for any and all claims arising out of or relating to the Services, any Chatbot, any Generated Output, or these Terms will not exceed the total amount paid by you to the Company for the Services during the twelve (12) months immediately preceding the event giving rise to the claim, or USD $50 if you have not paid any amount during that period.
Some jurisdictions do not allow certain warranty disclaimers or limitations of liability. In such jurisdictions, these limitations may not apply to you, and the Company's liability will be limited to the maximum extent permitted by applicable law.
25. Dispute resolution by binding arbitration and class action waiver
Agreement to arbitrate. Except for the carve-outs in Section 25.2, you and the Company agree that any dispute or claim arising out of or relating to these Terms or the Services will be resolved by final and binding arbitration, not in court.
No class actions. You and the Company agree to bring claims only on an individual basis. You waive any right to participate in a class action, class arbitration, or representative proceeding.
Opt-out. You may opt out of arbitration by sending a written notice to legal@everwith.ai within 30 days of creating your account. Your notice must include your name, account email, and a clear statement that you opt out of arbitration. Opting out does not affect any other parts of these Terms.
If your country's laws do not allow arbitration or class action waivers, this section applies only to the extent permitted by law and may be modified by a country addendum.
26. Governing law and venue
These Terms are governed by the laws of State of Delaware, USA, excluding conflict of law rules.
For disputes not subject to arbitration, you agree to exclusive jurisdiction and venue in the state and federal courts located in Wilmington, Delaware.
27–30. General provisions
Changes to Services and Terms
We may modify, suspend, or discontinue the Services at any time. We may update these Terms. If changes are material, we will provide notice as required by law. Continued use of the Services after updated Terms become effective means you accept the updated Terms.
Notices
We may provide notices by email, in-app messages, or by posting within the Services. Legal notices to the Company must be sent to legal@everwith.ai.
Assignment
You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, reorganization, or sale of assets.
Severability and entire agreement
If any provision is held invalid, the remaining provisions remain in effect. These Terms, the Privacy Policy, the User Responsibility Acknowledgment, and any country addendums form the entire agreement between you and the Company regarding the Services.
Contact information
DARI Ventures Inc.
Legal notices: legal@everwith.ai
Support: support@everwith.ai
1207 Delaware Ave, Unit 3081, Wilmington, DE 19806
Country-specific addendums
If you access or use the Services from the countries listed below, the corresponding addendum applies to you and is incorporated into these Terms. If an addendum conflicts with these Terms, the addendum controls for users in that country to the extent of the conflict.