Terms of Service
You must be 18 years of age or older to use Eightmate. Eightmate is not a medical, mental-health, legal, or financial service, and does not provide professional advice of any kind.
1. Acceptance of these Terms
These Terms of Service (the "Terms") are a binding agreement between you and PINDOM LLC B ("Company," "we," "us"), the operator of the Eightmate application and related services (the "Service"). By creating an account or using the Service, you accept these Terms and our Privacy Policy. If you do not agree, do not use the Service.
2. Eligibility
You must be at least 18 years old and legally capable of entering into a binding contract to use the Service. By creating an account, you represent and warrant that you meet these requirements. We may suspend or terminate any account that we reasonably believe belongs to a person under 18.
3. Description of the Service; AI-generated content
The Service provides access to conversational software agents ("AI characters") that generate responses using artificial intelligence. You understand and agree that:
- All output of the Service is generated by software. AI characters are not human beings, and no statement made by an AI character constitutes advice, diagnosis, treatment, or a professional opinion.
- AI-generated output may be inaccurate, incomplete, or inappropriate, and may not reflect real facts or real events. You are solely responsible for evaluating any output before relying on it, and you agree not to rely on the Service for decisions with medical, legal, financial, or other significant consequences.
- The Service may store and use information you share in order to personalize future responses, as described in the Privacy Policy.
4. Not a medical or emergency service; assumption of risk
The Service is not a healthcare provider, is not a substitute for professional care, and does not create a provider-patient, therapist-client, or fiduciary relationship of any kind. The Service does not diagnose, treat, cure, or prevent any condition, and no communication from the Service constitutes medical or mental-health advice.
The Service is not an emergency or crisis-response service and is not monitored for emergencies. We have no obligation to monitor communications, detect distress, or intervene, notify any person, or contact emergency services on your behalf. If you are experiencing a medical or mental-health emergency, or are considering harming yourself or others, call 911 (in the United States) or the 988 Suicide & Crisis Lifeline immediately. By using the Service you acknowledge these limitations and assume all risk associated with your use of, and reliance on, the Service.
5. Accounts and security
You must provide accurate registration information, including a phone number you own. You are responsible for maintaining the security of your sign-in methods and for all activity that occurs under your account. Notify us promptly at support@eightmate.ai of any unauthorized use. We are not liable for loss arising from unauthorized use of your account that occurs before we receive such notice.
6. Text messages and calls
If you provide a phone number, you consent to receive the categories of messages described in our SMS Policy, subject to the separate opt-ins described there. Consent to receive text messages is not a condition of using the Service. Message frequency varies; message and data rates may apply. Reply STOP to any text to opt out and HELP for help. You represent that any phone number you provide belongs to you, and you agree to notify us promptly if you release or change that number.
7. Subscriptions, billing, and refunds
Certain features require a paid subscription or one-time purchase. Prices, billing intervals, and applicable terms are displayed before any charge. Payments are processed by Stripe, Inc.; we do not store full payment-card numbers. Subscriptions renew automatically until cancelled. You may cancel at any time, effective at the end of the then-current billing period; amounts already paid are non-refundable except where required by law. We may change prices prospectively with notice; continued use after a price change takes effect constitutes acceptance. You are responsible for any applicable taxes.
8. Acceptable use
You agree not to: (a) use the Service to harass, threaten, defame, or harm any person; (b) use the Service for any unlawful purpose or in violation of any applicable law or regulation; (c) attempt to gain unauthorized access to the Service or its systems; (d) copy, scrape, or harvest output at scale, or use output to develop or train a competing product or model; (e) attempt to extract training data, prompts, or model weights; (f) interfere with or disrupt the integrity or performance of the Service; or (g) misrepresent your identity or age. We may investigate violations and may suspend or terminate accounts engaged in them.
9. Intellectual property; license
The Service, including its software, characters, designs, and content (excluding your content), is owned by the Company or its licensors and is protected by intellectual-property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for personal, non-commercial purposes in accordance with these Terms. You retain ownership of the content you submit; you grant us a non-exclusive, worldwide, royalty-free license to host, store, process, and display that content solely as necessary to provide and improve the Service to you, as described in the Privacy Policy.
10. Third-party services
The Service depends on third-party providers (including telecommunications carriers, payment processors, and AI-model providers). We are not responsible for the acts, omissions, or availability of third parties, including carrier delays or non-delivery of messages.
11. Termination
You may stop using the Service and delete your account at any time. We may suspend or terminate your access at any time for violation of these Terms, suspected fraud or abuse, legal risk, or discontinuation of the Service, with notice where practicable. Sections 3, 4, 9, and 12 through 17 survive termination.
12. Disclaimer of warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, AND UNINTERRUPTED OR ERROR-FREE OPERATION. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY REGARDING THE ACCURACY, RELIABILITY, OR SUITABILITY OF ANY AI-GENERATED OUTPUT.
13. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) IN NO EVENT WILL THE COMPANY, ITS MEMBERS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, OR PERSONAL INJURY OR EMOTIONAL DISTRESS ARISING FROM OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) THE COMPANY'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS (US $100) OR THE AMOUNTS YOU PAID TO THE COMPANY FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
14. Indemnification
You agree to indemnify, defend, and hold harmless the Company and its members, officers, employees, and agents from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from your content, your use of the Service, or your violation of these Terms or of any law or third-party right.
15. Dispute resolution; arbitration; class-action waiver
Before filing any claim, you agree to first contact us at support@eightmate.ai and attempt in good faith to resolve the dispute informally for at least thirty (30) days. Except for small-claims matters and claims for injunctive relief, any dispute arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. YOU AND THE COMPANY EACH WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION. You may opt out of this arbitration provision by emailing support@eightmate.ai within thirty (30) days of first accepting these Terms.
16. Governing law
These Terms are governed by the laws of the State of Illinois and the federal laws of the United States, without regard to conflict-of-laws principles. Subject to Section 15, any claim not subject to arbitration must be brought in the state or federal courts located in Illinois, and you consent to their jurisdiction.
17. General
These Terms, together with the Privacy Policy and SMS Policy, are the entire agreement between you and the Company regarding the Service. If any provision is held unenforceable, the remainder will continue in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms; we may assign them in connection with a merger, acquisition, or sale of assets. We may modify these Terms; material changes will be announced in the app with reasonable notice, and continued use after the effective date constitutes acceptance.
18. Contact
PINDOM LLC B · support@eightmate.ai