Effective date: February 1, 2025 — Last updated: February 11, 2025
These Terms of Service ("Terms") constitute a legally binding agreement between you ("you" or "User") and Elyvie ("we," "us," or "our") governing your access to and use of the Elyvie platform, including the website, web application, application programming interfaces, and all related services (collectively, the "Service"). By accessing, browsing, or using the Service in any manner, you represent and warrant that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to all of these Terms, you are not authorized to use the Service and must cease all use immediately. We reserve the right to modify, amend, or update these Terms at any time at our sole discretion. Material changes will be communicated by updating the "Last updated" date and, where appropriate, by providing notice through the Service. Your continued use of the Service following the posting of revised Terms constitutes your acceptance of such changes. It is your responsibility to review these Terms periodically.
The Service is intended solely for individuals who are at least eighteen (18) years of age. By using the Service, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into a binding agreement. If you are accessing the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms. The Service may contain content that is intended for mature audiences, including but not limited to suggestive themes, simulated romantic interactions, and AI-generated imagery. By using the Service, you acknowledge that you are of legal age in your jurisdiction to access such content and that you do so voluntarily.
Elyvie provides an AI-powered platform that includes the following features: (a) AI Companion Chat. Text-based conversations with fictional AI characters, each possessing unique personalities, backstories, and conversational styles. Characters are powered by third-party large language models and are entirely fictional — they do not represent real individuals. (b) Character Memory. AI characters retain information from your conversations (such as stated preferences, interests, and shared details) to provide continuity across sessions. Memory is scoped to your account and the specific character. (c) AI Image Generation. On-demand generation of images based on text prompts, powered by third-party AI models. (d) Face Swap. A tool that allows you to apply your likeness to AI-generated or uploaded images. (e) Relationship Progression. A staged system in which deeper engagement with AI characters unlocks additional conversational depth and media content. The Service is provided for entertainment and creative purposes only. AI-generated content (including text, images, and other media) is produced by machine learning models and may be inaccurate, inconsistent, or unpredictable. The Service does not provide professional advice of any kind, including but not limited to legal, medical, financial, psychological, or relationship advice.
To access certain features of the Service, you must create an account by authenticating through one of the following methods: (a) Google OAuth. You may sign in using your Google account. By doing so, you authorize us to access your email address, display name, and profile photo as provided by Google. (b) Cryptocurrency Wallet. You may sign in by connecting a compatible cryptocurrency wallet and completing a Sign-In with Ethereum (SIWE) signature verification. By doing so, you authorize us to associate your public wallet address with your account. You are solely responsible for maintaining the confidentiality and security of your account credentials, including your Google account password and cryptocurrency wallet private keys. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. You may not: (i) create more than one account per individual; (ii) create accounts using automated methods or bots; (iii) share, transfer, sell, or otherwise make available your account to any third party; or (iv) use another person's account without their express permission. We reserve the right to suspend or terminate any account that we reasonably believe violates these Terms, without prior notice or liability.
Certain features of the Service require credits, which function as a prepaid digital balance within the platform. (a) Purchasing Credits. Credits may be purchased using USDT (Tether) on supported blockchain networks, including Polygon and Binance Smart Chain. The applicable credit packages and pricing are displayed on the Service at the time of purchase. (b) Credit Usage. Credits are consumed when you use premium features, including but not limited to AI image generation and face swap processing. The credit cost for each feature is displayed prior to use. Text-based chat with AI characters does not consume credits unless otherwise stated. (c) Non-Refundable. All credit purchases are final and non-refundable, except as required by applicable law. Credits have no monetary value outside the Service and cannot be exchanged for cash, transferred to another user, or redeemed outside the platform. (d) Free Credits. We may, at our sole discretion, offer free credits to new users or as part of promotional campaigns. Free credits are subject to the same usage terms as purchased credits and may have additional restrictions or expiration dates as specified at the time of issuance. (e) Pricing Changes. We reserve the right to modify credit pricing, credit costs for features, and available credit packages at any time. Changes to pricing will not affect credits already purchased. (f) Blockchain Transaction Risks. Cryptocurrency payments are processed on public blockchain networks. You acknowledge and accept that blockchain transactions are irreversible, and we are not responsible for any loss resulting from incorrect wallet addresses, network congestion, failed transactions, or fluctuations in cryptocurrency value. It is your sole responsibility to verify all transaction details before confirming a payment.
"User Content" means any content you submit, upload, transmit, or otherwise make available through the Service, including but not limited to text messages, uploaded images, and face swap source photos. (a) Ownership. You retain all ownership rights in your User Content. By submitting User Content to the Service, you grant us a limited, non-exclusive, royalty-free, worldwide license to use, process, store, and display your User Content solely for the purpose of providing the Service to you. (b) Prohibited Content and Conduct. You agree not to use the Service to: - Generate, upload, or distribute content that depicts, promotes, or facilitates child sexual abuse or exploitation in any form; - Generate content depicting identifiable real persons without their explicit, informed consent; - Generate, upload, or distribute content that is defamatory, harassing, threatening, or incites violence; - Attempt to extract, reverse-engineer, or circumvent any AI model, algorithm, or technical measure underlying the Service; - Use automated scripts, bots, or other programmatic means to access the Service without our prior written authorization; - Create multiple accounts to abuse free credit systems, referral programs, or other promotional offers; - Interfere with, disrupt, or impose an unreasonable burden on the Service's infrastructure; - Use the Service for any purpose that violates applicable local, national, or international law or regulation; - Impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity. (c) Content Moderation. We reserve the right, but are not obligated, to monitor, review, and remove User Content at our sole discretion. We may remove or disable access to any User Content that we determine, in our sole judgment, violates these Terms or is otherwise objectionable. We may also suspend or terminate the accounts of repeat violators.
The Service generates content using third-party artificial intelligence models, including large language models for text and diffusion models for images (collectively, "AI-Generated Content"). (a) No Warranty of Accuracy. AI-Generated Content is produced by probabilistic machine learning models and is provided on an "AS IS" basis. We make no representations or warranties regarding the accuracy, completeness, reliability, suitability, or appropriateness of any AI-Generated Content. AI characters may produce responses that are factually incorrect, internally inconsistent, or contextually inappropriate. (b) Fictional Nature. All AI characters are entirely fictional. Their responses are generated by algorithms and do not reflect the views, opinions, or beliefs of Elyvie or any real person. AI characters do not possess consciousness, emotions, or subjective experiences. Any appearance of emotional engagement is a product of language model pattern matching. (c) No Professional Advice. AI-Generated Content does not constitute and should not be relied upon as professional advice of any kind. You should consult qualified professionals for legal, medical, financial, psychological, or other professional guidance. (d) Intellectual Property. Subject to compliance with these Terms, you may use AI-Generated Content created through your use of the Service for personal, non-commercial purposes. We make no representations regarding the intellectual property status of AI-Generated Content, and you assume all risk associated with your use of such content. (e) Content Variability. AI models may be updated, changed, or replaced at any time, which may affect the style, quality, or behavior of AI-Generated Content. We do not guarantee consistency of AI-Generated Content over time.
The Service, including its original content (excluding User Content and AI-Generated Content), features, functionality, visual design, logos, trademarks, service marks, and trade names, is and shall remain the exclusive property of Elyvie and its licensors. The Service is protected by copyright, trademark, trade secret, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Service strictly in accordance with these Terms. You may not: (i) copy, modify, or create derivative works based on the Service; (ii) decompile, reverse-engineer, or disassemble any aspect of the Service; (iii) remove, alter, or obscure any copyright, trademark, or other proprietary notices; or (iv) use the Service's branding, design elements, or content for any purpose not expressly authorized by these Terms.
The Service integrates with or relies upon certain third-party services, including but not limited to: Google OAuth for authentication; blockchain networks for payment processing; and third-party AI model providers for content generation. These third-party services are governed by their own terms of service and privacy policies, which we encourage you to review. We are not responsible for the availability, accuracy, or content of any third-party services. Your use of third-party services is at your own risk. Any issues arising from the use of third-party services should be directed to the respective third-party provider. The Service may contain links to third-party websites or resources. We provide these links for convenience only and are not responsible for the content, products, or services offered by third parties.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO: IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT; WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE; AND ANY WARRANTIES REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SERVICE OR ITS CONTENT. WE DO NOT WARRANT THAT: (A) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) THE RESULTS OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (C) ANY ERRORS IN THE SERVICE WILL BE CORRECTED; OR (D) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS OR EXPECTATIONS. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ELYVIE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, OR ASSIGNS BE LIABLE FOR: (A) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES; (B) ANY DAMAGES ARISING FROM: (I) YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (III) ANY AI-GENERATED CONTENT OBTAINED FROM THE SERVICE; (IV) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT; OR (V) ANY ERRORS, MISTAKES, OR INACCURACIES IN AI-GENERATED CONTENT; REGARDLESS OF THE THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE), AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE EXCEED THE GREATER OF: (I) THE TOTAL AMOUNT YOU HAVE PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (II) ONE HUNDRED US DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
You agree to indemnify, defend, and hold harmless Elyvie, its officers, directors, employees, agents, affiliates, and licensors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with: (a) your use of the Service; (b) your User Content; (c) your violation of these Terms; (d) your violation of any rights of any third party; or (e) your violation of any applicable law, rule, or regulation. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims. You agree not to settle any matter without our prior written consent.
We may suspend or terminate your access to the Service at any time, with or without cause, and with or without notice, at our sole discretion. Grounds for termination include but are not limited to: violation of these Terms; suspected fraudulent, abusive, or illegal activity; extended periods of inactivity; requests by law enforcement or government agencies; and discontinuance or material modification of the Service. You may terminate your account at any time by contacting us at jenny@elyvie.ai or through any account deletion feature provided within the Service. Upon termination: (a) your right to access and use the Service will immediately cease; (b) any unused credits in your account will be forfeited and are non-refundable; (c) we may delete your account data in accordance with our Privacy Policy; and (d) all provisions of these Terms that by their nature should survive termination shall survive, including but not limited to Sections 7, 8, 10, 11, 12, 14, and 15.
These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which Elyvie is established, without regard to its conflict of law provisions. Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or invalidity thereof, shall first be attempted to be resolved through good-faith negotiation between the parties. If the dispute cannot be resolved through negotiation within thirty (30) days, either party may submit the dispute to binding arbitration in accordance with the rules of a recognized arbitration institution. You agree that any arbitration shall be conducted on an individual basis and not as a class, consolidated, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration against Elyvie. Nothing in this section shall prevent either party from seeking injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights or confidentiality obligations.
(a) Entire Agreement. These Terms, together with the Privacy Policy, constitute the entire agreement between you and Elyvie with respect to the Service and supersede all prior or contemporaneous communications, agreements, and understandings, whether written or oral. (b) Severability. If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary so that the remaining provisions shall remain in full force and effect. (c) Waiver. Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by us. (d) Assignment. You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. We may assign these Terms freely without restriction. (e) Force Majeure. We shall not be liable for any failure or delay in performing our obligations under these Terms if such failure or delay results from circumstances beyond our reasonable control, including but not limited to natural disasters, war, terrorism, labor disputes, government actions, Internet or telecommunications failures, or power outages. (f) Headings. The section headings in these Terms are for convenience only and have no legal or contractual effect. (g) Survival. All provisions of these Terms that by their nature are intended to survive termination shall survive, including but not limited to provisions regarding intellectual property, disclaimers, limitations of liability, and indemnification.
If you have any questions, concerns, or feedback regarding these Terms of Service, please contact us at: Run Labs LLC (Elyvie) 30 N Gould St Ste R, Sheridan, WY 82801 Email: jenny@elyvie.ai We will endeavor to respond to all inquiries within a reasonable timeframe.
All notices, requests, demands, and other communications under these Terms shall be in writing and shall be deemed to have been duly given when: (a) To You. Sent to the email address associated with your account, posted on the Service, or otherwise made available through the Service interface. It is your responsibility to ensure that your contact information is current and accurate. (b) To Us. Sent to jenny@elyvie.ai with the subject line "Legal Notice." Notices sent by email shall be deemed received on the date of transmission, provided no delivery failure notification is received by the sender.
If you provide us with any feedback, suggestions, ideas, improvements, or other input regarding the Service (collectively, "Feedback"), you hereby assign to us all right, title, and interest in and to such Feedback. We shall be free to use, reproduce, modify, distribute, and otherwise exploit the Feedback in any manner and for any purpose, without obligation, compensation, or attribution to you. This assignment applies regardless of whether the Feedback is provided in writing, orally, electronically, or by any other means. You acknowledge that we may already be developing or may in the future develop features, products, or services that are similar to or competitive with ideas contained in any Feedback you provide. Nothing in these Terms shall restrict our right to independently develop, acquire, or market such features, products, or services.
The Service contains AI-generated content that may include mature themes, suggestive imagery, and simulated romantic or intimate interactions. By using the Service, you: (a) Confirm that you are at least eighteen (18) years of age or the age of majority in your jurisdiction, whichever is higher. (b) Acknowledge that you have been warned about the nature of the content available on the Service. (c) Accept full responsibility for your decision to access and interact with such content. (d) Agree not to share, distribute, or otherwise make available any content from the Service to individuals who are under the age of 18 or the age of majority in their jurisdiction. We reserve the right to implement additional age verification measures at any time and to restrict access to the Service or specific content based on age or jurisdiction requirements.
By creating an account, making a purchase, or otherwise using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service in their entirety. You further acknowledge that these Terms constitute a binding legal agreement between you and Elyvie, and that your use of the Service is entirely voluntary. If you do not agree with any part of these Terms, your sole and exclusive remedy is to discontinue use of the Service and delete your account.