Terms of Service

Create AI-powered digital representations ("Presences") of deceased loved ones based on memories, conversations, photos, and other materials you provide. These Presences use artificial intelligence to simulate conversational interactions that reflect the personality, speech patterns, and memories of your loved one.

Generate synthetic voice outputs that approximate the voice of your loved one, based on voice recordings and samples you provide. This feature requires explicit consent and is subject to additional requirements outlined in Section 7.

Securely store and organize digital memories including text conversations, photographs, videos, voice recordings, written documents, and biographical information. Your memories are encrypted and protected as described in our Privacy Policy.

Engage in text and voice conversations with your created Presences. These interactions are powered by AI and are designed to provide comfort and connection while honoring the memory of your loved one.

To use certain features of the Service, you must create an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.

You are responsible for safeguarding your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

You may not share your account credentials with others or allow others to access your account. Each Presence you create is tied to your personal account and may not be transferred to another user without our express written consent.

You represent and warrant that all information you provide about yourself and the individuals whose Presences you create is accurate and that you have the right to provide such information and create such Presences.

The Service, including its original content, features, functionality, software, and underlying technology, is owned by AlwaysWith and is protected by international copyright, trademark, patent, trade secret, and other intellectual property laws. Our trademarks and trade dress may not be used without our prior written consent.

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial use, subject to these Terms. This license does not include the right to modify, copy, distribute, sell, or lease any part of the Service.

If you provide us with any feedback, suggestions, or ideas regarding the Service, you grant us a worldwide, royalty-free, perpetual, irrevocable license to use such feedback for any purpose without compensation to you.

You retain ownership of all content you upload, submit, or otherwise make available through the Service ("User Content"), including photos, recordings, text, and other materials related to your loved ones.

By uploading User Content, you grant AlwaysWith a worldwide, non-exclusive, royalty-free license to use, process, store, and display your User Content solely for the purpose of providing and improving the Service. This license terminates when you delete your User Content or your account, except as otherwise required to comply with legal obligations or as outlined in our data retention policies.

You represent and warrant that:

• You own or have the necessary rights to the User Content you upload
• Your User Content does not violate the privacy rights, publicity rights, copyrights, or other rights of any person or entity
• You have obtained appropriate consent from family members or estate representatives, where applicable, to create Presences of deceased individuals

We take the privacy of your data seriously, especially given the sensitive nature of the memories you share with us. Please review our Privacy Policy for detailed information about how we collect, use, and protect your data.

You may request a copy of your User Content at any time through your account settings. We will provide your data in a commonly used, machine-readable format within a reasonable timeframe.

To create a voice clone of a deceased individual, you must:

• Be a close family member, legal spouse/partner, or estate representative of the deceased
• Attest that, to the best of your knowledge, the deceased would not have objected to this use of their voice
• Confirm that you have not been prohibited by the deceased's estate or will from creating such representations
• Acknowledge that the voice synthesis is an AI approximation and not an actual recording of the deceased

Voice cloning requires audio source material. You represent and warrant that:

• You own or have the legal right to use all audio recordings you upload
• The recordings were made legally and with the knowledge of the recorded individual (where required by law)
• You will not upload recordings of individuals other than the person whose Presence you are creating

You may not use voice cloning features to:

• Create voice clones of living individuals without their explicit written consent
• Produce content that could be used for fraud, deception, or impersonation
• Generate voice content for commercial purposes, including advertisements
• Create content that the deceased individual would reasonably have found offensive or contrary to their values

We may require additional verification of your relationship to the deceased and your authority to create a voice clone. Failure to provide requested documentation may result in the suspension or removal of voice cloning features from your account.

The Service is offered through various subscription plans with different features and pricing. Details of available plans are provided on our website and within the application.

By subscribing to a paid plan, you authorize us to charge your designated payment method for the subscription fees at the then-current rate. Subscription fees are billed in advance on a monthly or annual basis, depending on your selected plan.

Subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date. You may cancel your subscription at any time through your account settings.

We may change our subscription fees at any time. If we do, we will provide you with at least 30 days' notice before the new fees take effect. Your continued use of the Service after the price change constitutes your agreement to the new fees.

We understand that our Service is deeply personal. If you are not satisfied with the Service within the first 30 days of your initial subscription, you may request a full refund by contacting our support team. Refunds after this period are granted at our sole discretion.

We may offer free trial periods for new users. At the end of the trial period, you will be automatically enrolled in a paid subscription unless you cancel before the trial ends.

The Presences created through our Service are AI-generated simulations. They are not actual representations of deceased individuals and cannot truly replicate a person's thoughts, feelings, beliefs, or consciousness. The AI may:

• Generate responses that are inaccurate or inconsistent with the actual person's views or personality
• Produce content based on statistical patterns rather than genuine understanding
• Make errors or produce unexpected outputs
• Not capture the full complexity, depth, or nuance of any individual

AlwaysWith is not a substitute for professional grief counseling, therapy, or mental health treatment.

While our Service is designed to provide comfort and connection, it is not intended to address or treat grief, depression, anxiety, or any other mental health condition. If you are struggling with grief or mental health challenges, we strongly encourage you to seek support from qualified mental health professionals.

If you are in crisis or having thoughts of self-harm, please contact emergency services or a crisis helpline in your country immediately.

We strive to maintain reliable Service availability but cannot guarantee uninterrupted access. The Service may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

You may terminate your account at any time through your account settings or by contacting our support team. Upon termination, your right to use the Service will immediately cease.

We may suspend or terminate your account and access to the Service at any time, with or without cause, and with or without notice. Reasons for termination may include, but are not limited to:

• Violation of these Terms
• Conduct that we believe is harmful to other users, us, or third parties
• Extended periods of inactivity
• Non-payment of subscription fees

Upon termination of your account:

• Your access to the Service and any Presences you have created will cease
• We may delete your User Content after a grace period, as outlined in our data retention policy
• Any provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, and limitations of liability

We understand the profound personal value of the memories stored in our Service. Before deleting your account, we recommend exporting your User Content. We will retain your data for 90 days following account termination, during which time you may reactivate your account and restore your content by contacting support.

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law principles.

Any dispute arising from or relating to these Terms or the Service shall first be addressed through good-faith negotiation. If negotiation fails, disputes shall be resolved through binding arbitration in accordance with the American Arbitration Association's rules, except that you may bring claims in small claims court if your claims qualify.

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.

These Terms, together with our Privacy Policy, constitute the entire agreement between you and AlwaysWith regarding the Service and supersede all prior agreements and understandings.

You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign our rights and obligations under these Terms without restriction.

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.