These Terms of Service (“Terms”) are a contract between you and Everburn AI (“Everburn,” “we,” “us”). They govern your use of everburnai.com and any related services we provide (together, the “Service”). By creating an account or using the Service, you agree to these Terms and to our Privacy Policy.
1. Eligibility
You must be at least 18 years old to use the Service. By using the Service you represent that (a) you are an adult under the laws of your jurisdiction, (b) you have the legal capacity to enter into these Terms, and (c) you are not located in a jurisdiction where the Service is illegal.
2. Your account
- You are responsible for everything that happens under your account.
- Keep your password confidential. Notify us immediately if you suspect unauthorized access.
- Provide accurate information and keep it current.
- We may suspend or close accounts that violate these Terms, are linked to a banned user, or pose a safety risk.
3. Acceptable use
Everburn AI permits adult roleplay and uncensored creative content between consenting adult users. The following are always prohibited, and we will remove content and terminate accounts that engage in them:
- Sexual content involving minors (CSAM) or content that sexualizes minors in any form, including AI-generated material.
- Non-consensual sexual content depicting identifiable real people without their consent.
- Content that incites violence against real people, hate speech, or targeted harassment.
- Doxxing, stalking, or sharing of private information about identifiable individuals.
- Content depicting real-world terrorism, bioterrorism, or the manufacture of weapons capable of mass harm.
- Attempts to defeat moderation, age gates, or other safety features.
- Automated scraping, abuse of the API, or actions that materially impair the Service.
- Illegal activity under U.S. federal law or the law of your jurisdiction.
We use a combination of automated and human review to enforce these rules. Reports can be filed from any companion or chat page.
4. Your content
“Your Content” means the companions, prompts, messages, images, comments, and any other material you create, upload, or generate through the Service.
- Ownership. You retain ownership of Your Content, subject to the licenses below.
- License to us. You grant Everburn a worldwide, non-exclusive, royalty-free license to host, store, reproduce, and display Your Content solely as necessary to operate, secure, and improve the Service.
- Public content. If you mark a companion or other content as public, you additionally grant other users a license to view and chat with it on the Service.
- Generated outputs. Outputs from AI models (text, images) are produced on demand and may not be unique. You are responsible for your use of generated outputs, and Everburn makes no representation that any output is free of third-party rights.
- Removal. We may remove content that violates these Terms, applicable law, or that we judge presents a safety risk.
5. AI service notice
The Service uses third-party AI models. Outputs may be inaccurate, offensive, or unsuitable for some purposes. Do not rely on output as professional advice (medical, legal, financial, etc.). The Service is a creative tool, not a substitute for professional judgment.
6. Subscriptions, coins, and payments
[Placeholder — final terms will be added when the payment system launches.]
- Plans & coins. The Service is expected to offer paid subscription tiers and consumable “coin” packs. Pricing, benefits, and limits will be disclosed at the point of purchase.
- Billing. Subscriptions will renew automatically until cancelled. You will be able to cancel from your account settings.
- Refunds. Refund eligibility and the cooling-off period (where required by law, including in the EEA / UK) will be stated in the payment-processor flow.
- Coins. Coins are an in-service balance, are non-transferable, have no cash value, and (subject to applicable consumer law) may expire if your account is inactive for an extended period.
- Taxes. Prices may exclude applicable taxes; the payment processor will display the total at checkout.
- Payment processor. To be named when integrated. The processor will handle card data; Everburn will receive billing metadata only.
7. Termination
- By you. You may close your account anytime from Settings → Privacy → “Delete my account.”
- By us. We may suspend or terminate accounts that violate these Terms, are involved in safety incidents, or for legal or operational reasons, with notice where reasonably possible.
- Effect. Termination ends your right to use the Service. Sections that by their nature survive (IP, disclaimers, limitation of liability, dispute resolution) survive termination.
8. Disclaimers
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, EVERBURN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT AI OUTPUTS WILL BE ACCURATE OR SUITABLE.
9. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, EVERBURN AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, PROFITS, OR GOODWILL. OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE MONTHS BEFORE THE CLAIM AROSE OR (B) USD $100. SOME JURISDICTIONS DO NOT ALLOW THESE LIMITATIONS, IN WHICH CASE THEY APPLY TO THE GREATEST EXTENT PERMITTED.
10. Indemnity
You agree to indemnify and hold harmless Everburn from any claim, liability, damage, loss, and expense (including reasonable attorneys’ fees) arising from (a) your use of the Service, (b) Your Content, or (c) your violation of these Terms or applicable law.
11. Changes to the Service or these Terms
We may modify or discontinue parts of the Service at any time. We may update these Terms; material changes will be announced and the effective date updated. Continued use of the Service after a change means you accept the updated Terms.
12. Governing law & disputes
These Terms are governed by the laws of the State of Delaware, USA, excluding its conflict-of-laws rules. Where mandatory consumer- protection laws of your country grant you additional rights, those rights apply. Disputes will be resolved in the state or federal courts located in Delaware, except where applicable law gives you the right to bring an action in your local courts.