Terms of Service

1. Eligibility

You must be at least 18 years old to create an account or use the Services. By using the Services, you represent and warrant that you meet this requirement and that you have the legal authority to agree to these Terms.

2. Description of the Services

NeverGone provides software and related services that allow users to create, store, manage, and interact with AI-powered personas using prompts, conversations, stories, voice recordings, photographs, videos, and other media.

3. Accounts

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to provide accurate, current, and complete information and to keep your information updated.

4. User Content

You retain ownership of the text, recordings, photos, videos, documents, prompts, conversations, and other content you submit or make available through the Services ("User Content").

You grant NeverGone a worldwide, non-exclusive, royalty-free license to host, store, reproduce, process, transmit, display, and otherwise use User Content solely as necessary to operate, provide, maintain, improve, secure, and support the Services for you and your authorized collaborators.

• You own or control the rights necessary to submit User Content.
• Your User Content and use of the Services do not violate any law, contract, or third-party right, including privacy, publicity, intellectual property, or other personal rights.
• If your User Content concerns another person, including a deceased person, you have all permissions and authority needed for that use.

5. AI Features

The Services use artificial intelligence and machine learning to generate persona responses and related outputs. Outputs may be inaccurate, incomplete, delayed, or inappropriate for your intended use.

You are responsible for reviewing outputs before relying on or sharing them. The Services and outputs are not legal, medical, financial, mental health, or other professional advice.

NeverGone does not use your User Content to train generalized shared AI models for unrelated users. Content may be processed by service providers acting on our behalf in order to generate outputs you request and to support operation of the Services.

6. Acceptable Use

• Do not use the Services for unlawful, fraudulent, or deceptive purposes.
• Do not upload or share content you do not have the right to use or disclose.
• Do not infringe, misappropriate, or violate the rights of others.
• Do not harass, abuse, threaten, exploit, or harm another person.
• Do not attempt to reverse engineer, interfere with, disrupt, or compromise the Services.
• Do not bypass or attempt to bypass security or access restrictions.
• Do not use the Services to create, distribute, or facilitate unlawful or harmful content.

7. Subscriptions and Billing

Certain features of the Services may require a paid subscription purchased through Apple's App Store.

We may change subscription pricing or features from time to time as permitted by applicable law and App Store rules.

• Payment will be charged to your Apple ID account at confirmation of purchase.
• Subscriptions renew automatically unless canceled at least 24 hours before the end of the current billing period.
• Your account will be charged for renewal within 24 hours before the end of the current billing period at the price provided to you at the time of purchase.
• You may manage or cancel your subscription through your Apple ID account settings after purchase.
• Refunds are handled by Apple under Apple's applicable terms and policies, except where a refund is required by law.

8. Termination

You may stop using the Services at any time and may delete your account through available settings or by contacting us.

We may suspend or terminate your access to the Services if we reasonably believe you have violated these Terms, created risk for users or the Services, or if required by law.

Termination does not affect any rights or obligations that by their nature should survive termination, including ownership provisions, disclaimers, limitations of liability, dispute-related provisions, and licenses reasonably needed to wind down the Services.

9. Intellectual Property

The Services, including our software, technology, designs, trademarks, branding, and other materials provided by NeverGone, are owned by NeverGone AI, LLC or its licensors and are protected by intellectual property and other laws.

Except for the limited rights expressly granted in these Terms, no rights are granted to you by implication or otherwise.

10. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

NeverGone does not warrant that the Services will be uninterrupted, secure, or error-free, or that content loss will never occur.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEVERGONE AI, LLC AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUES, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEVERGONE'S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO NEVERGONE FOR THE SERVICES IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM OR (B) FIFTY U.S. DOLLARS (US $50.00).

Some jurisdictions do not allow certain disclaimers or limitations of liability, so some of the above may not apply to you.

12. Indemnification

To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless NeverGone AI, LLC and its affiliates, officers, directors, employees, agents, licensors, and service providers from and against claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or related to your User Content, your misuse of the Services, or your violation of these Terms or applicable law.

13. Changes to the Services or Terms

We may modify the Services and these Terms from time to time. If we make material changes, we will provide notice as required by law. Your continued use of the Services after the updated Terms take effect means you accept the revised Terms.

14. Governing Law

These Terms are governed by the laws of the State of Texas, without regard to its conflict of laws principles, except to the extent superseded by applicable federal law or non-waivable consumer protection law.

15. Contact

NeverGone AI, LLC

701 S. Taylor, Suite 501

Amarillo, TX 79101

Email: info@nevergone.ai