서비스 이용약관

To use certain features of the Service, you must create an account. During registration, you agree to provide accurate, current, and complete information, including but not limited to your name, age, gender, and email address. You agree to promptly update your account information to keep it accurate and complete.

In certain circumstances, we may require phone number verification for security, fraud prevention, account recovery, or other operational purposes. By providing your phone number, you consent to receiving verification codes and service-related communications via SMS or voice call. Standard messaging and data rates may apply.

You are solely responsible for maintaining the confidentiality of 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. The Company shall not be liable for any loss or damage arising from your failure to maintain the security of your account.

The Service provides AI-powered agents ("Agents") that assist you with daily life management tasks. You may customize your Agent by assigning a profile photo, personality traits, and a synthesized voice. Agents can communicate with you via text chat and voice calls within the Service.

The Service includes, but is not limited to, the following features: routine and habit tracking; to-do list management; dietary and nutritional habit logging; calendar management and scheduling; personal diary and journal entries; and integration with third-party calendar services (Apple Calendar, Samsung Calendar, Google Calendar).

The Service allows you to upload voice recordings to create synthetic voice profiles for your Agent. You may upload recordings of your own voice or, subject to Section 5.3 below, recordings of another person's voice. Voice cloning features are powered by third-party services and are subject to the limitations and terms described herein. Voice Cloning is an age-restricted feature available only to users who are at least eighteen (18) years of age, as described in Section 2.

Your Agent may, based on programmed behaviors, contextual triggers, or AI-generated decisions, proactively initiate communications with you, including but not limited to voice calls, push notifications, and chat messages within the Service. By using the Service, you consent to receiving such Agent-initiated communications. You may adjust the frequency and types of Agent-initiated communications in your account settings.

Subject to your prior, explicit, and affirmative consent, your Agent may send communications (including but not limited to text messages, phone calls, or emails) to contacts that you have expressly and manually registered within the Service ("Designated Contacts").

TCPA Compliance Mechanism. Before any Agent-initiated communication is transmitted to a Designated Contact, the Company shall send an initial opt-in request to such Designated Contact seeking their express consent to receive AI-generated communications originating from your account. No Agent-initiated communication will be transmitted to a Designated Contact who has not affirmatively opted in through this verification process. The Company shall maintain records of such consent and shall promptly honor any opt-out or revocation of consent by a Designated Contact.

You acknowledge and agree that: (a) You will only register contacts who are at least thirteen (13) years of age and for whom you have a bona fide, pre-existing personal relationship. If a Designated Contact is under eighteen (18) years of age, you represent and warrant that you have obtained the consent of such contact's parent or legal guardian before registering them. The Company's opt-in verification message may include a notice advising that recipients under eighteen (18) should obtain parental approval before opting in, but the Company assumes no independent obligation to verify the age of, or obtain parental consent for, any Designated Contact. (b) You are solely responsible for the accuracy of contact information you provide and for ensuring that your registration of a Designated Contact does not violate any applicable law or the rights of any third party; (c) You will not use the Designated Contact feature for any commercial, marketing, promotional, or solicitation purpose; (d) The Company shall not be liable for any claims, damages, or legal consequences arising from communications sent to your Designated Contacts, including but not limited to claims under the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227, the CAN-SPAM Act, 15 U.S.C. § 7701 et seq., or any applicable state law governing automated, AI-generated, or prerecorded communications; (e) The Company reserves the right to immediately block, suspend, or permanently terminate communications to any Designated Contact or your use of this feature if: (i) a Designated Contact reports the communication as spam, unwanted, or unauthorized; (ii) a Designated Contact revokes consent; (iii) the Company receives any complaint, subpoena, or legal notice related to such communications; or (iv) the Company, in its sole discretion, determines that the communications may violate applicable law; (f) You will indemnify and hold harmless the Company from any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) related to communications sent to your Designated Contacts, as further described in Section 14.

When interacting with your Agent, the Service may collect and process your device's location data to provide location-aware features, contextual responses, and local weather information. Location data collection is performed in accordance with your device's permission settings and our Privacy Policy. You may disable location services at any time through your device settings, though this may limit certain Service functionality.

"User Content" means any and all data, text, images, photographs, videos, audiovisual media, voice recordings, audio files, diary entries, calendar entries, routine data, dietary information, Agent customization data (including profile photos, video assets, personality configurations, and voice samples), conversations with Agents, and any other material or information that you submit, upload, transmit, or otherwise make available through the Service.

You are solely responsible for all User Content that you submit through the Service. You represent and warrant that: (a) you own or have all necessary rights, licenses, consents, and permissions to submit your User Content; (b) your User Content does not infringe, misappropriate, or violate any third party's intellectual property rights, publicity rights, privacy rights, or any other rights; and (c) your User Content complies with all applicable laws and regulations.

If you upload voice recordings of any person other than yourself for the purpose of voice cloning, you represent, warrant, and covenant that: (a) You have obtained explicit, informed, written consent from the individual whose voice is being cloned, and such consent specifically authorizes the creation, storage, and use of a synthetic voice clone within the Service; (b) You have informed the individual of the nature of the voice cloning technology, the purposes for which the cloned voice will be used, and the duration for which the voice data will be stored; (c) The individual whose voice is being cloned is at least eighteen (18) years of age or the age of majority in their jurisdiction; (d) Your use of the cloned voice complies with all applicable federal and state laws, including without limitation right of publicity laws, biometric information privacy laws (including but not limited to the Illinois Biometric Information Privacy Act (BIPA), 740 ILCS 14/1 et seq.), the Tennessee Ensuring Likeness Voice and Image Security Act (ELVIS Act), the Telephone Consumer Protection Act (TCPA), and any other applicable state AI or voice cloning legislation; (e) You will not use the voice cloning features for any fraudulent, deceptive, misleading, defamatory, harassing, or unlawful purpose, including without limitation the creation of non-consensual deepfakes or impersonation of any individual; (f) You assume all liability for any claims, damages, losses, or legal consequences arising from your use of the voice cloning features, and you will indemnify and hold harmless the Company in accordance with Section 14 of these Terms; (g) You acknowledge that the Company reserves the right, in its sole discretion, to block, remove, disable, or permanently delete any synthetic voice profile if the Company receives a complaint or takedown request from any individual, suspects unauthorized use, or reasonably believes the voice profile violates right of publicity laws, biometric privacy laws, or any other applicable regulation. The Company may exercise this right with or without prior notice to you, as circumstances require, and shall have no liability to you for any such action.

You agree not to use the Service to: (a) Violate any applicable local, state, national, or international law or regulation; (b) Upload or transmit any content that is unlawful, defamatory, obscene, pornographic, harassing, threatening, invasive of privacy, or otherwise objectionable; (c) Impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity; (d) Use the voice cloning features to create deepfakes, fraudulent communications, or content intended to deceive others regarding the identity of the speaker; (e) Interfere with or disrupt the Service, servers, or networks connected to the Service; (f) Attempt to gain unauthorized access to any portion of the Service, other accounts, or computer systems; (g) Use the Service for any commercial purpose not expressly permitted by these Terms; (h) Engage in any activity that could damage, disable, overburden, or impair the Service; (i) Use automated means (bots, scrapers, crawlers) to access or interact with the Service without our prior written consent; (j) Use the Service in any manner that could facilitate identity theft, fraud, stalking, harassment, or any criminal activity; (k) Submit or upload any protected health information ("PHI") as defined under the Health Insurance Portability and Accountability Act (HIPAA), payment card industry ("PCI") data as defined under the Payment Card Industry Data Security Standard (PCI-DSS), Social Security numbers, government-issued identification numbers, financial account numbers, or similarly regulated sensitive personal information. The Service is not designed to process, store, or transmit such regulated data, and the Company disclaims all liability arising from your submission of such information.

By submitting, uploading, or otherwise making available any User Content through the Service, you hereby grant to the Company a worldwide, non-exclusive, royalty-free, sublicensable, transferable, perpetual, and irrevocable license to use, reproduce, modify, adapt, create derivative works from, distribute, publicly display, publicly perform, store, and otherwise exploit such User Content, in whole or in part, in any format or medium now known or hereafter developed, for any purpose, including but not limited to: (a) Providing, operating, maintaining, and improving the Service; (b) Developing, testing, training, and improving artificial intelligence and machine learning models, algorithms, and systems, including but not limited to natural language processing, voice synthesis, recommendation engines, and predictive analytics (collectively, "AI/ML Purposes"); (c) Conducting research and development activities, including creating anonymized, de-identified, or aggregated datasets; (d) Producing analytics, insights, benchmarks, and reports based on aggregated or de-identified data; (e) Marketing, promoting, and advertising the Service (using anonymized or de-identified data only); (f) Complying with legal obligations and enforcing these Terms.

Without limiting the generality of Section 6.1, you specifically acknowledge and agree that the Company may use your User Content, including but not limited to text conversations, voice recordings, diary entries, routine data, dietary data, Agent interaction logs, and metadata, to train, validate, test, fine-tune, and improve AI and machine learning models. Such models may be used by the Company or its affiliates, successors, or assignees in connection with the Service or other products and services. You acknowledge that once User Content has been incorporated into AI training datasets or used to train models, it may not be practicable to identify or remove individual contributions from such models.

The Company shall own all rights, title, and interest in and to any data, insights, analytics, models, algorithms, improvements, or derivative works created by the Company using User Content in an aggregated, anonymized, or de-identified form ("Derivative Data"). For clarity, Derivative Data does not include User Content in its original, identifiable form.

The licenses granted in this Section 6 shall survive termination or expiration of your account or these Terms with respect to User Content that was submitted prior to such termination or expiration. You acknowledge that removal of your account does not necessarily result in the deletion of User Content that has been incorporated into aggregated datasets, AI training data, or derivative works, subject to applicable law.

The Company is under no obligation to use, display, or distribute any User Content, and may remove or refuse any User Content at its sole discretion, with or without notice.

The Service, including but not limited to all software, code, algorithms, AI models, machine learning systems, designs, graphics, text, logos, trademarks, trade names, service marks, user interfaces, and other content provided by the Company ("Company Materials"), are owned by or licensed to the Company and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws. These Terms do not grant you any right, title, or interest in or to the Company Materials, except for the limited license to use the Service as expressly provided herein. "GlowChat" and any associated logos are trademarks of Interultimate Inc. and may not be used without prior written consent.

As between you and the Company, you retain ownership of your User Content, subject to the broad license granted to the Company in Section 6. You acknowledge that this license gives the Company substantial rights to use your User Content, including for AI/ML Purposes, and that these rights do not require additional compensation to you.

Content generated by the AI Agents in response to your inputs ("AI Output") may not be subject to copyright protection under applicable law. To the extent that any AI Output is protectable, the Company retains all rights in such AI Output. The Company grants you a limited, non-exclusive, non-transferable, revocable license to use AI Output solely for your personal, non-commercial purposes in connection with your use of the Service. AI Output is not guaranteed to be unique, and other users may receive similar or identical output.

If you provide any feedback, suggestions, ideas, or recommendations regarding the Service ("Feedback"), you hereby assign to the Company all rights, title, and interest in and to such Feedback, and the Company shall be free to use, implement, modify, and commercialize such Feedback without restriction, attribution, or compensation.

The Service utilizes third-party application programming interfaces (APIs) and services, including but not limited to Google Gemini API, Fish Audio API, FatSecret API, and OpenAI ChatGPT 4o Transcribe API, as well as third-party calendar integrations (Apple Calendar, Samsung Calendar, Google Calendar). Your use of the Service may be subject to the terms, conditions, and privacy policies of these third-party providers in addition to these Terms.

You acknowledge and agree that certain User Content and data may be transmitted to and processed by third-party service providers in order to deliver the Service's features. The Company will take commercially reasonable steps to select reputable service providers, but makes no warranties regarding the practices, security, or reliability of third-party services. The Company is not responsible for any act or omission of any third-party service provider.

If you choose to integrate third-party calendar services, you authorize the Company to access, read, and write calendar data on your behalf solely to provide the Service's scheduling and calendar management features. You may revoke this authorization at any time through your device or account settings. The Company is not responsible for any errors, data loss, or conflicts arising from calendar synchronization.

The Company collects and stores the following categories of data: (a) Account Information: name, age, gender, email address, and phone number (when verification is required); (b) User Content: all data, text, images, photos, videos, voice recordings, diary entries, calendar entries, routine data, dietary information, and Agent customization data submitted through the Service; (c) Conversation Data: all text and voice communications between you and your Agent, including transcripts, audio recordings, and metadata; (d) Agent Configuration Data: all data generated during the creation and customization of your Agent, including profile photos, video assets, personality settings, and voice models; (e) Location Data: your device's geographic location when interacting with the Agent, subject to your device permission settings; (f) Weather Data: local weather conditions based on your location; (g) Usage Data: log data, device information, IP addresses, browser type, operating system, referring URLs, pages visited, timestamps, and other usage analytics; (h) Metadata: system-generated data about your interactions with the Service, including frequency of use, feature engagement, session duration, and performance metrics.

The Company uses the data it collects for the purposes described in these Terms, our Privacy Policy, and as otherwise permitted by applicable law, including but not limited to: providing and operating the Service; personalizing your experience; improving the Service and developing new features; training, validating, and improving AI and machine learning models; system improvement, performance optimization, and bug fixing; conducting research, analytics, and generating aggregated insights; communicating with you about the Service; ensuring security and preventing fraud; and complying with legal obligations.

We retain User Content and associated data for as long as your account is active and for a reasonable period thereafter as necessary to fulfill the purposes described herein, or as required by applicable law. We may retain de-identified, anonymized, or aggregated data indefinitely. Data that has been incorporated into AI training datasets or used to train AI models will not be individually identifiable after processing and may be retained indefinitely as part of such models.

For full details on our data collection, use, sharing, and protection practices, please refer to our Privacy Policy, which is incorporated herein by reference. In the event of any conflict between these Terms and the Privacy Policy regarding data handling practices, the Privacy Policy shall control.

The Service includes a virtual, in-app currency ("Pencils") required to access or generate certain AI-powered features. Pencils may be acquired through recurring subscriptions or one-time purchases. You acknowledge and agree that: (a) Pencils are a digital entitlement with no real-world monetary value; (b) Pencils do not constitute currency, property, or a stored-value instrument under any applicable law; (c) Pencils cannot be exchanged for fiat currency, cryptocurrency, or any other real-world asset; and (d) Pencils do not accrue interest.

When you purchase or receive Pencils, you do not acquire ownership of them. The Company grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, and revocable license to use Pencils solely within the Service for the purposes made available by the Company. You may not sell, trade, transfer, lend, gift, or otherwise convey Pencils to any other user, account, or third party. Any attempted transfer in violation of this section is null and void and may result in the immediate termination of your account and forfeiture of all Pencils without compensation.

Different expiration rules apply depending on how Pencils are acquired: (a) Subscription Pencils: Pencils granted as part of a subscription plan (weekly or annual) are valid for thirty (30) days from the date they are credited to your account. Any unused Subscription Pencils will expire and be forfeited at the end of this thirty (30) day period. Subscription Pencils do not roll over or accumulate across periods. If your subscription renews and new Pencils are credited while prior Subscription Pencils remain unused, the prior unused Pencils will still expire at the end of their original thirty (30) day validity period. (b) One-Time Purchase Pencils: Pencils purchased via standalone, one-time transactions will expire three hundred sixty-five (365) days from the date of purchase. Upon expiration, any unused One-Time Purchase Pencils will be permanently forfeited without refund or compensation. (c) Promotional or Bonus Pencils: Pencils granted by the Company through promotions, referral programs, or other non-purchase means will expire on the date specified at the time of issuance. If no expiration date is specified, Promotional Pencils will expire thirty (30) days from the date of issuance. Promotional Pencils are always consumed before purchased Pencils.

The Company reserves the right to manage, regulate, control, modify, or eliminate Pencils or the Pencil system at its sole discretion, with reasonable advance notice to affected users where practicable, except in cases of fraud, abuse, or legal requirement.

The Service offers recurring subscription plans (including weekly and annual options). By purchasing a subscription, you expressly acknowledge and agree to the following: (a) ⚠️ AUTOMATIC RENEWAL: YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE END OF EACH SUBSCRIPTION PERIOD (E.G., EVERY 7 DAYS FOR WEEKLY PLANS, OR EVERY 365 DAYS FOR ANNUAL PLANS) AT THE THEN-CURRENT SUBSCRIPTION PRICE, UNLESS YOU CANCEL IT BEFORE THE END OF THE CURRENT PERIOD. THIS IS A RECURRING CHARGE. YOU WILL BE CHARGED THE APPLICABLE SUBSCRIPTION FEE AT THE BEGINNING OF EACH RENEWAL PERIOD UNTIL YOU CANCEL. (b) Billing via App Stores: All subscription and one-time Pencil purchases are processed through the applicable third-party platform (the Apple App Store or Google Play Store). Your transaction is governed by that platform's terms of service and billing policies. The Company does not directly process payment card information. (c) Cancellation: To cancel an automatically renewing subscription, you must manage your subscription directly through your account settings on the applicable third-party platform (e.g., Apple ID settings at Settings > [Your Name] > Subscriptions, or Google Play settings at Play Store > Payments & subscriptions > Subscriptions) at least twenty-four (24) hours before the end of the current billing period. Upon cancellation, your subscription benefits (including any remaining Subscription Pencils) will remain available until the end of the current paid billing period, after which they will expire. IMPORTANT: Deleting the GlowChat app from your device or deleting your GlowChat account does not automatically cancel your subscription. You must cancel directly through the applicable platform. (d) Price Changes: The Company may change subscription pricing at any time. Any price change will take effect at the start of the next subscription period following at least thirty (30) days' notice to you via email or in-app notification. If you do not agree with a price change, you must cancel your subscription before the new price takes effect. Your continued subscription after the effective date of the price change constitutes acceptance of the new price.

The Company may, at its sole discretion, offer free trial periods for subscription plans. If you begin a free trial, you may be required to provide payment information. Unless you cancel before the end of the free trial period, your subscription will automatically convert to a paid subscription and you will be charged the applicable subscription fee. The Company reserves the right to determine eligibility for free trials, and may limit free trials to one per user, per account, or per device.

(a) App Store Purchases: Because all purchases are processed through the Apple App Store or Google Play Store, the Company does not directly issue refunds. Any refund request must be submitted to and will be governed solely by the refund policies of the applicable platform. The Company neither controls nor guarantees the outcome of any refund request submitted to a third-party platform. (b) General Policy: Subject to the refund policies of the applicable third-party platform and except as required by applicable law, all purchases of Pencils and subscriptions are final. You will not receive money or other compensation for unused Pencils when an account is closed, whether such closure was voluntary or involuntary. Nothing in this section limits your statutory rights under applicable consumer protection laws.

(a) Voluntary Account Deletion: If you voluntarily delete your account, all unused Pencils (whether from subscriptions, one-time purchases, or promotions) will be immediately and permanently forfeited without refund or compensation. You are responsible for using or exhausting your Pencils before deleting your account. (b) Involuntary Termination or Suspension: If your account is suspended or terminated by the Company for violation of these Terms, fraud, abuse, or any other reason set forth in Section 17, all unused Pencils will be immediately and permanently forfeited without refund or compensation. The Company shall have no obligation to provide a refund, credit, or other remedy for forfeited Pencils in such circumstances. (c) Service Discontinuation: If the Company discontinues the Service or the Pencil system entirely, the Company will provide at least thirty (30) days' notice and will make commercially reasonable efforts to allow users to use their remaining Pencils during the notice period. After the notice period expires, all remaining Pencils will be forfeited.

Before initiating any formal dispute resolution proceedings, you agree to first contact the Company at legal@interultimate.com and attempt in good faith to resolve any dispute informally for a period of at least thirty (30) days.

Arbitration shall be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect, which are available at www.adr.org. The arbitration shall take place in Dallas, Texas, or, at your election, may be conducted remotely via videoconference or telephone. The language of the arbitration shall be English. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

The Company shall pay all AAA filing, administration, and arbitrator fees for claims of $10,000 or less, unless the arbitrator determines that the claim is frivolous. For claims exceeding $10,000, the AAA Consumer Arbitration Rules shall govern the allocation of fees.

You may opt out of this arbitration agreement by sending written notice to Interultimate Inc., 3723 Greenville Ave STE 66214, Dallas, TX 75206, or by email to legal@interultimate.com, within thirty (30) days of first accepting these Terms or within thirty (30) days of the effective date of any material modification to this arbitration agreement, whichever is later. Your notice must include your name, address, email address associated with your account, and a clear statement that you wish to opt out of this arbitration agreement. If you opt out, neither you nor the Company waives the right to invoke any other provisions of these Terms.

If the class action waiver in Section 15.3 is found to be unenforceable as to a particular claim or request for relief, then the entirety of this arbitration section shall be deemed void with respect to such claim or request. If any other provision of this arbitration section is found to be unenforceable, the remaining provisions shall remain in full force and effect.

If twenty-five (25) or more similar arbitration demands are filed against the Company within a sixty (60) day period by or with the assistance of the same law firm, group of law firms, or organizations ("Mass Filing"), the parties agree to the following batch arbitration process. The arbitration demands shall be grouped into batches of no more than fifty (50) claims each. A single arbitrator shall be appointed for each batch, and only one batch shall proceed at a time. Each batch must be fully resolved before the next batch may be filed or commence proceedings. The parties agree that this process does not violate the individual nature of arbitration under Section 15.3. Applicable statutes of limitations and any filing-fee deadlines shall be tolled for claims within a batch that have not yet commenced from the time the first batch is selected until such claims are able to proceed. The Company shall pay all AAA filing, administration, and arbitrator fees in connection with batch arbitration to the same extent as set forth in Section 15.2.

You may terminate your account at any time by using the account deletion feature in the Service or by contacting us at support@interultimate.com. Upon termination, your right to access and use the Service will cease immediately. Termination of your account does not automatically cancel any active subscription; you must cancel your subscription separately through the applicable third-party platform as described in Section 10.4(c).

The Company may suspend or terminate your account and access to the Service at any time, with or without cause, with or without notice. Reasons for termination may include, without limitation, violation of these Terms, receipt of a voice cloning complaint or intellectual property takedown request, fraudulent or illegal activity, extended inactivity, or discontinuation of the Service.

Upon termination, your right to use the Service will immediately cease. All unused Pencils will be forfeited in accordance with Section 10.7. The Company may, but is not obligated to, delete your User Content and account data, subject to applicable legal requirements and our data retention policies. The following provisions shall survive termination: Sections 5 (User Content, Conduct, and Responsibilities), 6 (License Grant to Company), 7 (Intellectual Property Rights), 10 (Fees, Subscriptions, and Virtual Currency), 12 (Disclaimers), 13 (Limitation of Liability), 14 (Indemnification), 15 (Dispute Resolution and Binding Arbitration), 16 (Governing Law and Jurisdiction), this Section 17.3, 18 (Intellectual Property and Identity Takedown Policy), and 19 (State-Specific Privacy Rights).

The Company respects the intellectual property rights of others and expects users to do the same. If you believe that your copyrighted work has been used or copied in a way that constitutes copyright infringement through the Service, please provide our designated copyright agent with a written notification pursuant to the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512, containing: (a) an electronic or physical signature of the copyright owner or authorized agent; (b) identification of the copyrighted work claimed to be infringed; (c) identification of the material claimed to be infringing and its location on the Service; (d) your contact information; (e) a statement that you have a good faith belief that the use is not authorized by the copyright owner, its agent, or the law; and (f) a statement under penalty of perjury that the information in the notification is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.

DMCA notices should be sent to: Interultimate Inc., Attn: Copyright Agent, 3723 Greenville Ave STE 66214, Dallas, TX 75206 US. Email: legal@interultimate.com

If you believe that material you posted on the Service was removed or disabled as a result of a mistake or misidentification, you may submit a counter-notification to our designated copyright agent containing: (a) your electronic or physical signature; (b) identification of the material that was removed or disabled and its prior location on the Service; (c) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and (d) your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal courts in the Northern District of Texas and that you will accept service of process from the person who filed the original DMCA notification or their agent. Upon receipt of a valid counter-notification, the Company will promptly provide the original complainant with a copy and will restore the removed material within ten (10) to fourteen (14) business days unless the original complainant notifies us that it has filed a court action to restrain the allegedly infringing activity.

The Service allows users to create AI Agents using uploaded photographs, voice recordings, and personality configurations. If you believe that your identity — including but not limited to your voice, likeness, photograph, name, or persona — has been used to create or customize an AI Agent on the Service without your consent, you may submit an Identity Takedown Request to the Company.

An Identity Takedown Request should include: (a) your full legal name and contact information; (b) a description of the aspect of your identity that you believe has been used without authorization (voice, likeness, name, photograph, or combination thereof); (c) any evidence or supporting materials demonstrating that the Agent or content at issue uses your identity (such as a comparison photograph, voice sample, or link to a public profile); (d) a statement that you have not authorized the use of your identity on the Service; and (e) a statement under penalty of perjury that the information provided is accurate.

Upon receipt of a valid Identity Takedown Request, the Company will: (i) promptly investigate the claim; (ii) if appropriate, disable or delete the reported synthetic voice profile, Agent profile photo, and/or associated Agent configuration; and (iii) notify the account holder who created the Agent of the takedown. The Company may, in its sole discretion, suspend or permanently terminate the account of any user who is the subject of a valid Identity Takedown Request.

The Company maintains a policy to terminate, in appropriate circumstances, the accounts of users who are repeat infringers of intellectual property rights or who repeatedly engage in unauthorized use of third-party identities. A user will be considered a repeat infringer if they are the subject of two (2) or more valid takedown notices (whether DMCA or Identity Takedown Requests) within any twelve (12) month period. The Company reserves the right to terminate a user's account after a single infringement in cases involving willful, egregious, or fraudulent conduct.

All DMCA notices, counter-notifications, and Identity Takedown Requests should be sent to: Interultimate Inc., Attn: Legal Department, 3723 Greenville Ave STE 66214, Dallas, TX 75206 US. Email: legal@interultimate.com. Phone: (469) 259-9400

If you are a California resident, you may have additional rights under the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA), including the right to know what personal information is collected, the right to delete personal information, the right to correct inaccurate information, the right to opt out of the sale or sharing of personal information, and the right to non-discrimination for exercising your privacy rights. For more information and to exercise these rights, please see our Privacy Policy.

If you are an Illinois resident, voice recordings and voiceprints may constitute biometric identifiers or biometric information under the Illinois Biometric Information Privacy Act (BIPA), 740 ILCS 14/1 et seq. BIPA requires that a private entity obtain a written release from an individual before collecting or storing biometric identifiers. Accordingly, before activating the Voice Cloning feature, the Company will present you with a standalone Biometric Information Consent Form that satisfies BIPA's written release requirement under § 15(b). This consent form will disclose: (i) the specific purpose and length of time for which your biometric identifiers or biometric information will be collected, stored, and used; and (ii) the fact that biometric data will be transmitted to the Company's third-party voice synthesis provider (Fish Audio API) for processing. Your use of Voice Cloning is conditioned upon your execution of this separate consent. You may revoke your consent at any time by disabling the Voice Cloning feature or deleting your account, and the Company will destroy your biometric data in accordance with the retention schedule set forth in our Privacy Policy. For additional information regarding BIPA-specific disclosures, please refer to our Privacy Policy.

Residents of other states with consumer privacy legislation (including but not limited to Virginia (VCDPA), Colorado (CPA), Connecticut (CTDPA), Texas (TDPSA), Oregon (OCPA), Delaware (DPDPA), and Tennessee (TIPA)) may have additional rights. Please refer to our Privacy Policy for information on how to exercise your state-specific privacy rights.

These Terms, together with the Privacy Policy and any other policies or guidelines referenced herein, constitute the entire agreement between you and the Company regarding the Service and supersede all prior and contemporaneous agreements, representations, and understandings.

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.

The failure of the Company to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of the Company.

You may not assign or transfer these Terms or any rights or obligations hereunder without the Company's prior written consent. The Company may freely assign these Terms, in whole or in part, without restriction, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets. The Company will notify you of any such assignment through the Service or by email within a reasonable time after the assignment takes effect. Any purported assignment by you in violation of this section shall be null and void.

The Company shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemic, war, terrorism, government actions, labor disputes, power failures, internet or telecommunications disruptions, or third-party service provider outages.

The section headings in these Terms are for convenience only and have no legal or contractual effect.

These Terms do not create any third-party beneficiary rights in any individual or entity that is not a party to these Terms.

You agree to comply with all applicable U.S. and foreign export and re-export control laws and regulations in your use of the Service. You represent that you are not located in, or a resident or national of, any country subject to U.S. government embargo or sanctions.

If you are a U.S. government end user, the Service is a "commercial item" as that term is defined at 48 C.F.R. §2.101, and the rights granted hereunder are consistent with customary commercial license rights.

The Service is operated from the United States. If you access the Service from outside the United States, you do so at your own risk and are solely responsible for compliance with applicable local laws, including but not limited to data protection, privacy, and consumer protection laws of your jurisdiction. By using the Service, you consent to the transfer, processing, and storage of your data in the United States as described in our Privacy Policy. The Company makes no representation that the Service is appropriate or available for use in any particular jurisdiction outside the United States.