AI Letter Writer - Terms of Emotional Expression

These Terms of Emotional Expression (the "Terms") constitute a legally binding agreement between you ("User", "you", or "your") and the developer of AI Letter Writer (the "Service"), Acoda (referred to as "we", "us", or "our"). By accessing, downloading, installing, or using the AI Letter Writer mobile application (the "App") and all associated services, features, content, and functionality (collectively the "Services"), you acknowledge that you have read, understood, and unconditionally agree to be bound by these Terms. If you do not agree with any provision of these Terms, you must not use the App or the Services.

These Terms apply to all users of the Services, including users who access the Services without creating an account (the App requires no account for access or use) and users who interact with the generated content, use the History archive, claim daily coin rewards, or make use of the in-App store. You represent and warrant that you are at least 13 years of age (the minimum age required to use the Services under United States federal law) and have the legal capacity to enter into this agreement in your jurisdiction. If you are using the Services on behalf of a legal entity, you represent and warrant that you are authorized to bind that entity to these Terms.

AI Letter Writer is a mobile-based artificial intelligence service designed to generate personalized written content for various emotional and professional scenarios, including but not limited to romantic love letters, apology messages, anniversary greetings, family tributes, and professional draft polishing (the "Generated Content"). Our core Services include, but are not limited to:

• AI-powered generation of customized text content based on user-selected scenarios and input;
• A History archive feature to store and retrieve user-generated letters and content;
• Daily coin reward incentives for active App usage;
• An in-App store to unlock additional content, scenarios, and creative inspiration;
• Continuous optimization and updates to AI models and Service features.

Account-Free Access: The App is designed to be accessible and usable without the creation of a user account or the provision of personal identification information. We reserve the right to modify, suspend, or discontinue any part of the Services (temporarily or permanently) at our sole discretion, with or without prior notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Services.

You are responsible for obtaining and maintaining all hardware, software, and internet connectivity required to access and use the Services, and for all charges associated with such hardware, software, and connectivity (including but not limited to mobile data fees, Wi-Fi charges, and device maintenance costs).

When using the Services, you agree to comply with all applicable federal, state, and local laws, regulations, and ordinances of the United States and any other jurisdiction in which you access or use the Services (collectively "Applicable Law"). You further agree not to engage in any conduct that is unlawful, fraudulent, harmful, or in violation of these Terms. Specifically, you shall not:

• Use the Services to generate content that is defamatory, libelous, slanderous, obscene, pornographic, sexually explicit, violent, threatening, harassing, hateful, discriminatory, or otherwise objectionable;
• Generate content that infringes upon the intellectual property rights (including copyright, trademark, patent, trade secret, or moral rights) of any third party;
• Use the Services for illegal or unauthorized purposes, including but not limited to phishing, spamming, identity theft, extortion, or the promotion of illegal activities;
• Manipulate, hack, or attempt to gain unauthorized access to the App's servers, databases, AI models, or any other part of the Services or our technical infrastructure;
• Use automated tools, bots, scripts, or other software to access or use the Services in a manner that bypasses normal user interaction or places an unreasonable load on our servers;
• Reproduce, distribute, sell, license, or otherwise commercialize the Generated Content or any part of the Services without our prior written consent;
• Impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity;
• Use the Services to collect or harvest personal information of other users (if applicable) or third parties without their explicit consent;
• Modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based on the App or Services;
• Remove, alter, or obscure any copyright, trademark, or other proprietary rights notices contained in or on the App or Services.

We reserve the right to monitor your use of the Services to ensure compliance with these Terms and Applicable Law. We may, in our sole discretion and without prior notice, suspend or terminate your access to the Services if you violate these Terms or engage in conduct that we deem to be harmful to the App, our users, or our interests. We shall not be liable for any action taken in accordance with this section.

Ownership of the App & Services: All intellectual property rights in and to the AI Letter Writer App, including but not limited to the AI models, source code, design elements, trademarks, logos, text, graphics, and software (collectively the "Acoda Intellectual Property"), are the exclusive property of Acoda and its licensors. These rights are protected by United States copyright, trademark, patent, and other intellectual property laws, as well as international treaties. You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the App and Services for your personal, non-commercial use only, in accordance with these Terms.

User Ownership of Generated Content: Subject to our underlying intellectual property rights in the AI models and Services used to generate the content, you retain all ownership rights in and to the Generated Content that you create using the App (the "User Content"). By generating User Content, you grant Acoda a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, modify, distribute, display, and perform the User Content for the sole purpose of providing, maintaining, and improving the Services (including but not limited to training and optimizing our AI models). This license shall survive the termination of your use of the Services.

Content Disclaimers: The Generated Content is provided for informational and creative purposes only and does not constitute legal, financial, professional, or emotional advice. The AI models generate content based on user input and pre-trained data, and we do not guarantee the accuracy, completeness, appropriateness, or effectiveness of the Generated Content for any specific purpose. You are solely responsible for reviewing, editing, and using the Generated Content, and for any consequences that result from such use (including but not limited to any emotional, legal, or financial harm). We shall not be liable for any errors or omissions in the Generated Content, or for any actions taken by you or third parties based on the Generated Content.

You represent and warrant that all input you provide to the App (the "User Input") is your original work or that you have the right to use such input, and that the User Input does not infringe upon the intellectual property rights or privacy rights of any third party. You shall indemnify and hold Acoda harmless from any claims, damages, losses, liabilities, and expenses (including attorney's fees) arising out of or related to your User Input or your use of the Generated Content.

The App features a virtual currency system ("Coins") that can be obtained through daily logins, active usage, and other App-based incentives (the "Free Coins"), or potentially through in-App purchases (if applicable). Coins are used to unlock additional features, scenarios, content, and inspiration in the App's store (the "Store Features"). All Coins are virtual and have no monetary value in the real world. Coins are not redeemable for cash, credit, or any other real-world currency or item, and cannot be transferred, sold, or gifted to any other user, either directly or indirectly.

Free Coin Rewards: We reserve the right to modify the terms of daily coin rewards, including but not limited to the number of Coins awarded, the eligibility requirements, and the frequency of rewards, at our sole discretion with or without prior notice. We may also suspend or discontinue free coin rewards at any time for any reason.

Store Features: The Store Features are provided on an "as-is" basis, and we reserve the right to add, remove, modify, or update the Store Features (including their Coin cost) at our sole discretion with or without prior notice. We do not guarantee that any specific Store Feature will be available at any time, or that the Coin cost of any Store Feature will remain unchanged.

All Coins and Store Features are licensed to you for personal, non-commercial use only, and are not sold or transferred to you. We reserve the right to revoke or limit your access to Coins or Store Features if we determine, in our sole discretion, that you have obtained Coins or used Store Features in violation of these Terms or Applicable Law.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW IN THE UNITED STATES, ACODA HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE APP AND SERVICES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE. ACODA MAKES NO WARRANTIES OR REPRESENTATIONS THAT:

• The App or Services will be available at all times, uninterrupted, secure, or free of errors or viruses;
• The Generated Content, Coins, Store Features, or any other part of the Services will meet your requirements or expectations;
• The Generated Content will be accurate, complete, appropriate, or effective for any specific purpose;
• Any defects or errors in the App or Services will be corrected;
• The App or Services are compatible with any specific device, operating system, or software;
• Your use of the Services will be private or secure.

THE APP AND SERVICES ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THIS DISCLAIMER OF WARRANTIES APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, THE IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THE SHORTEST PERIOD PERMITTED BY LAW.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE UNITED STATES LAW, ACODA SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APP OR SERVICES, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), EVEN IF ACODA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL ACODA'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00). THIS LIMITATION OF LIABILITY APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH CASES, ACODA'S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

This limitation of liability applies regardless of whether the damages arise from your use of or inability to use the App, the Generated Content, the loss of User Content, the suspension or termination of your access to the Services, or any other cause related to the Terms or the Services.

You agree to indemnify, defend, and hold harmless Acoda, its officers, directors, employees, contractors, licensors, and agents (collectively the "Acoda Indemnitees") from and against any and all claims, demands, actions, suits, losses, damages, liabilities, costs, and expenses (including reasonable attorney's fees and court costs) arising out of or related to:

• Your use of the App or Services in violation of these Terms or Applicable Law;
• Your User Input, Generated Content, or any other content you post, transmit, or make available through the Services;
• Your violation of any intellectual property rights, privacy rights, or other legal rights of any third party;
• Your breach of any representation, warranty, or obligation contained in these Terms;
• Any third-party claims arising from your use of the Services, including but not limited to claims that the Generated Content caused emotional, legal, or financial harm;
• Your unauthorized access to or use of the App's servers, databases, or technical infrastructure.

Acoda shall have the right, in its sole discretion, to assume the defense and control of any matter subject to indemnification by you, and you shall cooperate fully with Acoda in the defense of such matter. You shall not settle any claim without the prior written consent of Acoda. This indemnification obligation shall survive the termination of your use of the Services and these Terms.

These Terms shall remain in effect for as long as you use the App or Services. You may terminate your use of the Services at any time by simply ceasing to access or use the App.

We may terminate or suspend your access to the Services, in whole or in part, at our sole discretion and without prior notice or liability, for any reason, including but not limited to:

• Your violation of any provision of these Terms;
• Your engagement in conduct that we deem to be harmful to the App, our users, or our interests;
• Your failure to comply with Applicable Law;
• Our discontinuance of the Services or any part thereof;
• Technical issues or security concerns that make it necessary to suspend or terminate access;
• Your use of the Services in a manner that places an unreasonable load on our servers or technical infrastructure.

Upon termination of these Terms (whether by you or by us), your right to access and use the App and Services shall immediately cease. All provisions of these Terms that by their nature should survive termination shall remain in effect, including but not limited to the intellectual property provisions, disclaimers of warranties, limitation of liability, indemnification, and governing law provisions. We reserve the right to delete or retain any User Content or Generated Content in our databases at our sole discretion following termination.

These Terms shall be governed by and construed in accordance with the laws of the United States of America and the State of California, without regard to its conflict of law principles. Any dispute, claim, or controversy arising out of or related to these Terms or the use of the App and Services (collectively "Disputes") shall be resolved in accordance with the provisions of this section.

Informal Dispute Resolution: Prior to initiating any formal legal proceeding, you agree to attempt to resolve any Dispute informally by contacting us at the email address provided in the Contact section of these Terms. We shall attempt to resolve the Dispute in good faith within 30 days of receiving your notice. If the Dispute is not resolved informally within this period, either party may initiate formal legal proceedings.

Arbitration: Any Dispute that cannot be resolved informally shall be settled by binding arbitration in San Francisco County, California, in accordance with the Commercial Arbitration Rules of the American Arbitration Association ("AAA"). The arbitration shall be conducted in the English language, and the arbitrator's decision shall be final and binding on both parties. The costs of the arbitration shall be borne by the losing party, or as otherwise determined by the arbitrator. Nothing in this section shall prevent either party from seeking injunctive relief in a court of competent jurisdiction to protect its intellectual property rights or to prevent irreparable harm.

Waiver of Class Actions: YOU AGREE THAT ANY DISPUTE SHALL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY, AND THAT YOU WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE ACTION WITH RESPECT TO ANY DISPUTE. YOU FURTHER WAIVE THE RIGHT TO A JURY TRIAL IN ANY DISPUTE ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES.

Modifications to Terms: We reserve the right to modify or update these Terms at our sole discretion, at any time and with or without prior notice. The modified Terms shall be effective immediately upon posting in the App or on our relevant platforms. Your continued use of the App or Services following the posting of modified Terms constitutes your acceptance of the modified Terms. We encourage you to review these Terms periodically for changes.

Severability: If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. The invalid, illegal, or unenforceable provision shall be replaced with a valid, legal, and enforceable provision that most nearly reflects the original intent of the parties.

Assignment: You may not assign or transfer these Terms or any of your rights or obligations under these Terms without our prior written consent. We may assign or transfer these Terms at our sole discretion, with or without prior notice.

Entire Agreement: These Terms constitute the entire agreement between you and Acoda with respect to the App and Services, and supersede all prior or contemporaneous oral or written agreements, understandings, and representations between the parties with respect to the subject matter hereof.

Waiver: Our failure to enforce any provision of these Terms shall not constitute a waiver of such provision or our right to enforce such provision in the future.

Force Majeure: We shall not be liable for any failure or delay in performing our obligations under these Terms due to events beyond our reasonable control, including but not limited to natural disasters, war, terrorism, civil unrest, government actions, labor strikes, power outages, internet outages, and technical failures (collectively "Force Majeure"). Upon the occurrence of a Force Majeure event, we shall use reasonable efforts to notify you of the delay and to resume performance as soon as possible.