Terms of Service

1. Eligibility

You must be at least 13 years old to create an account or use the Services. By creating an account or using the Services, you represent and warrant that you meet this requirement and that you have the legal authority to agree to these Terms.

If you are at least 13 but below the age of majority where you live, you may use the Services only with your parent or legal guardian's consent. Your parent or guardian must review these Terms and our Privacy Policy with you and consent to your use, including the described AI processing, before you use AI features. This requirement does not replace the app's separate AI-sharing permission or device permissions.

If you are under 13, you may not create an account or use the Services. If we learn that a person under 13 has created an account, we will take steps to close the account and delete personal information as required by law.

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. This license does not authorize the sale of your personal information or a materially different commercial use of your content. Personal information is handled as described in our Privacy Policy.

• 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 to generate Persona responses and related outputs. Outputs may be inaccurate, incomplete, or delayed. Review them before relying on or sharing them. The Services do not provide legal, medical, financial, mental health, or other professional advice.

With your explicit permission, personal information is processed by the AI service providers identified in the app's disclosure and our Privacy Policy. Agreeing to these Terms does not itself grant that permission.

NeverGone does not use your User Content to train generalized shared AI models for unrelated users.

Your AI-sharing permission is limited to the features and purposes described in our Privacy Policy. It does not authorize providers to sell your personal information, use it for cross-context behavioral advertising, or train generalized shared AI models for unrelated users.

Separate websites or services you choose to use independently are governed by their own terms and privacy practices for information you give them directly. That is different from providers NeverGone uses to operate the Services: our disclosures to those providers remain subject to our Privacy Policy and applicable law.

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.

Nothing in these Terms waives privacy or consumer rights that cannot lawfully be waived, or excludes or limits liability where doing so is prohibited by applicable law. Our use of service providers does not remove obligations that applicable law places on NeverGone for personal information we disclose to them.

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. Subject to applicable law, your continued use after updated Terms take effect means you accept those Terms.

Changes to these Terms do not replace any separate consent required for AI processing or a new use or disclosure of personal information. We will honor existing privacy commitments and provide the notices and choices described in our Privacy Policy and required by applicable law.

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