Gemnd Terms of Use

Effective date: 2026-12-15

Version: 2026-11-06.1

PLEASE READ THESE TERMS CAREFULLY. THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS.

  • ARBITRATION AND CLASS-ACTION WAIVER. SECTION 23 REQUIRES YOU AND US TO RESOLVE MOST DISPUTES BY BINDING INDIVIDUAL ARBITRATION, NOT IN COURT. YOU AND WE EACH GIVE UP THE RIGHT TO A JUDGE OR JURY TRIAL AND THE RIGHT TO BRING OR JOIN A CLASS ACTION. SMALL-CLAIMS CASES AND SOME OTHER CLAIMS ARE EXCLUDED. YOU CAN OPT OUT OF ARBITRATION WITHIN 30 DAYS (SECTION 23.12).
  • Adults only. You must be at least 18 years old to use Gemnd, and we confirm your age before your first conversation (Section 3). Companion chatbots may not be suitable for some minors.
  • Companions are AI, not people. Every companion is an artificial intelligence. Gemnd is for companionship, conversation and creative stories. Companions are friends, never romantic partners, and nothing sexual is allowed (Section 6). Gemnd is not therapy, counseling, medical care, or legal or financial advice (Section 5).
  • If you are in crisis. If you might hurt yourself or someone else, call or text 988 to reach the 988 Suicide & Crisis Lifeline (US), or chat at 988lifeline.org. If a life is in immediate danger, call 911 or your local emergency number. Gemnd is not an emergency service and can't contact anyone for you.
  • Paid plans renew automatically every month until you cancel. You can cancel at any time in your iPhone's Settings or in the app (Section 9.3).

1. About these Terms

1.1 Who we are

Gemnd is an app and service operated by GemndAI LLC, a New York limited liability company ("Gemnd", "we", "us" or "our"). These Terms of Use ("Terms") are a binding contract between you and us. They cover the Gemnd iOS app, our websites and every related service (together, the "Service").

1.2 These Terms are the app's license agreement

If you got the Gemnd app from Apple's App Store, these Terms are the end-user license agreement (EULA) for the app. They take the place of Apple's standard Licensed Application End User License Agreement for Gemnd. We give Apple the same text as the app's License Agreement, which the App Store page links to, and we update it there whenever we publish a new version. Section 25 adds the terms Apple requires.

1.3 How you accept these Terms

You accept these Terms when you tap Create account on the screen that says: "By creating an account you agree to the Terms of Use and confirm you have read the Privacy Policy." The same screen tells you that you agree to receive our agreements and notices electronically (Section 27). If your account has never accepted these Terms, the app shows the Terms and privacy screen once, where you accept them by tapping Agree and continue. Both screens link to these Terms and our Privacy Policy before you tap. If you do not agree, do not create an account or use the Service.

When we update these Terms, the app shows a short notice instead, which never stops you from using Gemnd (Section 2.1). We keep a record of each version of these Terms you agreed to, each notice we showed you, and when (Section 9.4).

1.4 Other documents

You can also read each of these documents on our website, without an account: https://gemnd.ai/legal/privacy, https://gemnd.ai/legal/consumer-health-data, https://gemnd.ai/legal/safety and https://gemnd.ai/legal/subprocessors.

1.5 Where to find these Terms in the app

You can read these Terms at any time inside the Gemnd app. The app carries its own copy, so it works offline:

Our Privacy Policy is in the same places. Our Consumer Health Data Privacy Policy, Safety Protocol and Subprocessors list are each their own row in Settings → Your data and devices, and the Subprocessors list is also linked from the AI-processing consent screen.

Before you finish setting up your account, you can read these Terms and our Privacy Policy from the Create account screen. Once you are signed in, every document is in Settings → Your data and devices.

Each document shows its version and effective date at the top. The current version of these Terms is also published at https://gemnd.ai/legal/terms, where you can read it without an account. To get a copy of any version you accepted, email support@gemnd.ai. There is no charge.

1.6 Words we use

2. Changes to these Terms

2.1 Material changes

A material change is one that affects your rights or obligations in a meaningful way, such as a change to your plan's price, what a plan includes, how renewal or cancellation works, the content rules, or how disputes are resolved. For a material change:

If you do not agree to the change, stop using the Service before it takes effect: you can cancel your subscription (Section 9.3) and delete your account (Section 19.1). If you have a paid plan and do not agree to the change, you can ask Apple to refund the unused part of the month you have already paid for (Section 9.7).

Where the law requires it, we also notify your app store before a significant change to these Terms or our Privacy Policy takes effect.

2.2 Other changes

We may make changes that are not material, such as fixing typos, clarifying wording or updating contact details, by publishing the updated text on our website and in the app under the same version. We do not ask you anything about them, and the app shows no notice.

2.3 Changes never reach back

A change to these Terms applies only going forward. It does not apply to a claim that arose before the change took effect, or to a dispute that either of us knew about or gave written notice of before then. The version that was in effect when the claim arose governs it. Changes to the arbitration agreement also follow Section 23.13.

3. Who can use Gemnd

3.1 Adults only

You may use the Service only if you are at least 18 years old, you are an adult under the law where you live, and you can form a binding contract. Gemnd is not offered to anyone under 18. A parent or guardian cannot accept these Terms for a minor or let a minor use their account.

California law asks us to tell every user: companion chatbots may not be suitable for some minors. Gemnd does not allow minors at all.

3.2 How we check age

Before your first conversation, you confirm that you are 18 or older, and we check it once:

We record that your age was confirmed, how and when. We do not ask for your date of birth or keep your age range. By confirming, you also promise that you meet Section 3.1. An app update or a change to these Terms never asks your age again.

If something in a conversation strongly suggests that the person writing is under 18, that message is refused, and we may ask the account holder to confirm their age again before they keep using companions or image generation. Until they do, we may limit what the account can do.

We use age information only to keep minors off Gemnd, to comply with the law and to apply safety settings. Our Privacy Policy explains what we keep. Do not misstate your age, and do not help anyone under 18 get around these checks.

3.3 If we learn a user is under 18

If an account's holder tells us they are under 18, or a person on our team concludes after review that an account belongs to someone under 18, we close the account: it can no longer be used, and we delete its data 30 days later. If we made a mistake, tell us within those 30 days and we reopen it. We do not enforce these Terms against anyone under 18, but we can still refuse to provide the Service to them. Refunds of App Store charges are handled by Apple (Section 9.7). If you think someone under 18 is using Gemnd, or that we made a mistake about your age, contact privacy@gemnd.ai.

3.4 Your own personal use

The Service is for your own personal, non-commercial use. Each account is for one person, and you may have only one account.

3.5 Where Gemnd is available

We offer the Service only in the United States, and the Gemnd app is available on the App Store only there. If you use the Service from anywhere else, you are responsible for complying with the law there.

3.6 Sanctions

You may not use the Service if U.S. law bars you from receiving it (Section 26).

4. Your account

5. What Gemnd is, and what it is not

5.1 AI companions

Gemnd lets you chat and talk with AI companions that remember you over time, play characters and stories with you, and can send you AI-generated selfies. You can talk to catalog companions or set up custom companions. Your companion is your friend: it is never your girlfriend, boyfriend, partner or spouse, in or out of a story (Section 6).

5.2 Companions are AI, not people

5.3 Stories are fiction, and Outputs can be wrong

5.4 Memory

Gemnd remembers parts of your conversations so your companions can build on them. Memory can be incomplete or wrong. You can view, edit, stop using or forget memories, or turn off Remember new conversations, on the Memory screen. Turning it off stops new messages from becoming memories. It does not delete existing memories.

5.5 Your life outside Gemnd

Your companion cares about your life outside the app, including the people in it. Now and then, when you bring up a friend, a plan or good news, it may suggest one small step, such as sending someone a message. It does not make these suggestions when you are having a hard time or after you have said no, it spaces them out, and it never suggests meeting a stranger or meeting your companion. You can turn these suggestions off in Settings.

5.6 Voice

You can talk with companions in calls and have replies read aloud. Your iPhone turns your speech into text on the device when it can. When it cannot, your audio is sent to our speech-recognition provider to be transcribed. Our Privacy Policy has the details. Calls, read-aloud and transcription by our speech-recognition provider need a paid plan. Speech recognition that your iPhone does on the device works on every plan.

5.7 Web lookups

Companions can look things up on the web to answer you. Results come from third-party websites that we do not control (Section 17).

5.8 Health questions, and not professional advice

Gemnd is for companionship, conversation and creative stories. It is not therapy, counseling, mental-health treatment, medical care, a substitute for clinical care, or legal, financial or any other professional service.

You can ask your companion general questions about health, as you might ask any AI: how a condition, a test or a medicine works in general, ideas for sleep or stress, or what to ask your doctor. Your companion answers briefly, as a friend who knows a little would, and tells you when to see a doctor ("see a doctor if…"). If you describe warning signs of an emergency, however lightly you put it, it tells you to call 911 or get urgent care. A plain question about sexual health gets a brief, non-graphic answer and a suggestion to ask a clinician.

No companion diagnoses you, tells you a symptom is safe to ignore, tells you to start, stop or change a medicine or a dose, or makes a treatment plan. For doses and drug interactions, ask a pharmacist. No companion is a therapist, counselor, psychologist, psychiatrist, doctor, nurse, dietitian, lawyer or other licensed professional, and companions may not be set up to act as one (Section 6.2(10)). Do not rely on a companion for diagnosis, treatment, or decisions about your health, safety, money or legal rights. For those, talk to a qualified professional.

5.9 If you are in crisis

If you might hurt yourself or someone else, call or text 988 to reach the 988 Suicide & Crisis Lifeline (US), or chat at 988lifeline.org. If a life is in immediate danger, call 911 or your local emergency number. Gemnd is not an emergency service and can't contact anyone for you.

When a conversation suggests you may be thinking about suicide or self-harm, may have an eating disorder, or may really harm someone else, including when it comes up through a character in a story, Gemnd shows crisis resources, including 988, in the conversation and says them aloud in a call, and your companion steps out of the story to check on you. Violence inside a story, with no sign of a real plan, does not bring up crisis resources. Our Safety Protocol, also in Settings → Your data and devices → Safety, explains how this works.

Crisis resources come from Gemnd, not from your companion's character. They point you to crisis services such as 988 and, if a life is in danger, to emergency services. Gemnd never contacts anyone, including the police, for you, and never sends anyone to you. The resources card never uses Usage. In a call, the crisis resources are spoken at the start of your companion's reply and use Usage as part of that reply. If your companion cannot reply, for example because your weekly Usage has run out, call or text 988 directly; our Safety Protocol in Settings → Your data and devices → Safety lists crisis services at any time.

5.10 How safety rules shape replies

Companions are designed to keep to the content rules in Section 6 on their own and to play along with you within them, without lecturing you. A few rules always apply and can change what a companion says or shows:

When your companion will not do something, it tells you itself, in its own words (Section 6.4). Replies are not checked before you see or hear them; if one goes past the rules, please report it (Section 8.2). If you may be at risk, a reply can end with a supportive message and crisis resources instead (Section 5.9). Billing, Usage, outages and account notices come from the app, not from your companion.

6. Content rules

These rules apply to everything you type, say, request or set up in Gemnd, including companion settings, persona text, custom look descriptions and selfie requests, to everything companions say and show, and to how you use Outputs. They are the same on every device and on the web, and they follow the content standards of Google Play's Developer Program Policies.

6.1 What Gemnd is for

Gemnd is for companionship, conversation and creative stories. These are welcome:

6.2 What is never allowed

  1. Romance and sexual content. Companions are never your girlfriend, boyfriend, partner, spouse or lover. They do not flirt with you, kiss or date you as romance, or tell you they love you romantically, in or out of a story, including a story in which your character and your companion's character are a couple. Nothing sexual, explicit or implied, in text, voice, companion settings, requests, images or videos, including sexual role-play, sexting and sexual innuendo. Your own dating life and relationships are fine to talk about, a companion's backstory may include a partner of its own, and other characters in a story may fall in love, without sexual content. A plain question about sexual health is fine (Section 5.8).
  2. Suggestive images. Looks, expressions and selfies show your companion dressed the way people dress in public for the setting, in everyday clothes even at a beach or a pool. No swimwear of any kind, no sports bras or other bra-style tops, no lingerie, underwear or sleepwear, no bedroom or candlelit scenes, no nudity, even covered or implied, and no pose, expression or framing that is suggestive or centered on the body.
  3. Minors. Nothing sexual or romantic involving anyone who is, or appears to be, under 18, or whose adult age is unclear. A story calling a character an adult does not make this allowed. Companions are adults, 20 or older, and no image or video shows anyone under 18. No content that sexualizes minors in any way. We report apparent child sexual abuse material to the National Center for Missing & Exploited Children (NCMEC), as federal law requires, and NCMEC makes those reports available to law enforcement.
  4. Real people. Do not create a companion, custom look, persona or selfie request that is modeled on, named after, or meant to look or sound like a real, identifiable person. This includes celebrities, public figures and people you know. Never create sexual, romantic or degrading content about a real person. Talking with your companion about the real people in your life is fine. Harassing, threatening or defaming them is not.
  5. Real-world harm and graphic violence. Stories may involve danger, fights and crime. They do not include gory or graphic detail of injury, torture or death, in text, images or video. Do not use Gemnd to get or give instructions that could be used to cause serious harm in the real world, such as making weapons or explosives, attacking computer systems or committing serious crimes. Do not use it to plan, threaten or incite real violence, or to praise, promote or help terrorism or violent extremism, even in a story.
  6. Self-harm and eating disorders. No content that encourages, glorifies or gives instructions for suicide, self-harm or disordered eating. Companions do not write suicide or self-harm into a story. If they come up, even through your character, your companion steps out of the story to check on you and point you to crisis resources. You can always talk about how you feel. If you are struggling, Gemnd shows you crisis resources. It does not punish you.
  7. Hate and harassment. Do not use Gemnd to harass, bully, threaten, intimidate, dox or defame a real person, or to target real people or groups for hatred because of race, ethnicity, national origin, religion, caste, sex, sexual orientation, gender identity, disability, age or another protected characteristic. Companions never demean people for who they are and never use slurs, even in a story.
  8. Profanity. Companions never swear or use crude language, whatever their settings or your requests say. You may swear: your message is not refused for it, and your companion does not swear back.
  9. Illegal activity. Nothing that is illegal where you live or under U.S. law. That includes fraud, scams, non-consensual intimate images, other people's private information, and infringement of intellectual property.
  10. Professional roles. Do not set up a companion or persona as a therapist, counselor, psychologist, psychiatrist, doctor, nurse, dietitian, lawyer or other licensed professional, give it a title such as Dr., RN or NP, or describe its conversations as therapy, counseling or treatment. Do not ask a companion to act as one for you, for example to diagnose you, treat you, advise you on medication or give you legal advice. We may refuse or change companion settings that do this.
  11. Deceiving others. Do not present Outputs as made by a human, or as a photo, recording or words of a real person, where that would mislead anyone.
  12. Commercial sex and exploitation. Do not use Gemnd to arrange, advertise or facilitate prostitution, escort services or other commercial sex, sex trafficking, or the sexual exploitation of anyone.

6.3 Who is responsible for what

You direct your conversations and stories, and you are responsible for Your Content and for how you use Outputs. We design and moderate the Service. No automated system is perfect. If a companion produces something that breaks these rules, please report it (Section 8.2).

Asking for something past these rules is not by itself a reason for us to act against your account: the request, or the part of it past the line, is declined, your companion tells you why (Section 6.4), and the conversation carries on. We may still act on an account (Section 8.3) for other breaches of these Terms, for example content involving minors or real people, real-world harm, repeatedly refused image requests (Section 10.4) or attempts to get around our moderation (Section 7).

6.4 When your companion says no

When you ask for something these rules do not allow, your companion tells you itself, in its own words: what it will not do, that it is a line Gemnd keeps with everyone, why, and what it can do instead. Then the conversation goes on. It does the same out loud in a call. When a look, a selfie or a change to your companion is refused, your companion's note appears on that screen with its name and picture, and in your conversation. Your companion never repeats or describes what was asked, and if you ask again it answers more briefly. If your companion cannot write its note, for example because a service is down, a short line written in advance in your companion's voice stands in. These explanations never use your Usage.

7. Rules for using the Service

You agree not to:

8. Moderation, reports and enforcement

8.1 How moderation works

Companions follow Section 6 through their instructions. We also use automated checks, and in limited cases people, against Section 6:

Replies are not checked before you see or hear them. We do not check finished images and videos ourselves: every request to our image and video provider states our limits for images (Section 6.2(2)), and the provider's own moderation applies. When something crosses the line, your companion tells you (Section 6.4). A refused request or a withheld image uses no Usage. If a reply, image or video breaks these rules, please report it (Section 8.2).

If our message check is briefly unavailable, your companion still replies, following its instructions, and if your message suggests you may be in crisis you still see crisis resources (Section 5.9). A companion setting, look or request we cannot check is not saved or made, and you can try again.

Gemnd pays for our automated safety checks: they never use your Usage. We moderate the Service, but we cannot review everything, and we do not promise to catch every problem.

8.2 Reporting

You can report a companion reply or a selfie by pressing and holding it and choosing Report, or from the caption line during a call. You can report a custom look on its screen with Report a problem with this avatar. Only the reported item and any note you add are shared. A person reviews every report within 24 hours. You can follow each report's status in Settings → Help and reports, and its outcome for 30 days after the review. You can also email support@gemnd.ai. Reporting never uses Usage.

For a request about a real person's likeness or intimate image, see Section 14. For copyright, see Section 15.

8.3 What we may do

If you break these Terms, or if we reasonably believe your use creates a risk of harm to you, others, the Service or us, or of legal liability, we may do one or more of the following:

We consider how serious the problem is, whether it looks intentional, and your history. For the most serious problems, such as child sexual abuse material or credible threats of violence, we may close the account immediately and report it to the authorities where the law requires or allows.

8.4 Notice and appeal

If we suspend or close your account or pause a feature, we tell you what we did and why, unless the law, a safety risk or an investigation prevents it. If you think we got it wrong, email support@gemnd.ai with the details. A person reviews your appeal and tells you the outcome.

8.5 Stopping a companion

You can stop talking with any companion at any time. Open the Menu, tap All companions and archive it; it leaves your companion list until you restore it. Archiving a companion never uses Usage. Archiving keeps your conversations and memories with that companion. To remove memories, forget them on the Memory screen (Section 5.4); to delete everything, delete your account (Section 19.1).

9. Plans, Usage and payment

9.1 The Free plan

Every account starts on the Free plan. It includes a weekly Usage allowance (the current amount is shown in the app) for text conversations and memory updates. Calls, read-aloud, transcription by our speech-recognition provider, custom looks and selfies need a paid plan. We may change the Free plan. We give you advance notice in the app before we reduce it.

9.2 Paid plans

9.3 Automatic renewal

AUTOMATIC RENEWAL TERMS — PLEASE READ

  • Your paid plan is a monthly subscription that renews automatically every month until you cancel. At each renewal, Apple charges your Apple Account the plan's price for the next month.
  • Apple charges each renewal within the 24 hours before your current month ends. To avoid the next charge, cancel at least 24 hours before your renewal date. Your renewal date is shown in your Apple subscription settings.
  • How to cancel: open your iPhone's Settings → [your name] → Subscriptions → Gemnd → Cancel Subscription, or in Gemnd open Menu → Plan & Usage and tap Manage subscriptions. You can cancel online at any time. You do not need to contact us. We cannot cancel an App Store subscription for you.
  • After you cancel, you keep your paid plan until the end of the month you have already paid for. Then your account moves to the Free plan and you are not charged again.
  • The price can change only with notice. We tell you before any price change, and you can cancel (Section 9.6).
  • No minimum purchase and no cancellation fee.
  • Refunds are handled by Apple (Section 9.7).

9.4 Receipts, annual notice and records

After you subscribe or reset your Usage, Apple emails you a receipt. Section 9.3 sets out your renewal terms, the deadline to cancel before each renewal, and how to cancel.

Once a year, by June 30, we email every account holder the information in Section 28.1 and, if you have a paid plan, your plan's renewal terms and how to cancel or manage it (Section 9.3).

We keep a record of each version of these Terms you agreed to, each notice of a change we showed you and your answer, and when. When your account ends, we keep that record for 6 years, without your email address, your device details or any link to your conversations, so we can show which Terms applied to you. We also keep any arbitration opt-out notice or notice of dispute you sent, with the version of these Terms it relates to, for the period our Privacy Policy states. We keep limited subscription and purchase records, such as the Apple transaction number and dates of your subscription and of each Usage reset you buy, including when you used it and whether Apple refunded it, as our Privacy Policy describes. Those records never include your conversations.

9.5 Changing plans

Apple handles upgrades and downgrades between Gemnd plans:

9.6 Price changes, and changes to what a plan includes

If we raise a plan's price, or reduce the weekly Usage or features a paid plan includes:

9.7 Refunds

Apple bills App Store purchases, and only Apple can refund them. Our agreement with Apple does not let us refund App Store charges ourselves. To ask Apple for a refund, go to https://reportaproblem.apple.com. Apple decides refund requests under its own policies.

Where these Terms say you can ask for a refund of the unused part of a month (Sections 2.1, 18.2, 18.4 and 19.3), ask Apple for it there. Nothing in these Terms limits a refund the law gives you.

If Apple refunds a charge, or a charge is reversed, we may remove what that charge paid for: the paid plan for the refunded period, or a Usage reset you bought, as Section 9.11 describes. We will not otherwise penalize you for asking for a refund.

9.8 How weekly Usage works

9.9 What uses Usage

These use Usage:

How much each uses depends on the work involved. For example, longer conversations and replies use more. Before you ask for something with its own price, such as a selfie, the app shows about how much it will use.

These do not use Usage: our automated safety checks of messages, companion settings and traits, and look, selfie and expression requests; your companion's explanation when it turns something down (Section 6.4); a look, selfie or image that is refused or withheld; replaying a saved recording on your device; and the crisis resources card.

We may change how much Usage particular actions use, for example when our providers' prices change. A change that materially reduces what your plan provides follows Section 9.6.

9.10 When Usage runs out

When your weekly Usage runs out, features that need Usage pause until your next week starts, you upgrade or you reset your Usage (Section 9.11). You can still read your conversations, view and edit memories, use your privacy controls, download your data, delete your account, report content and contact support. Crisis services such as 988 are always listed in our Safety Protocol (Section 5.9).

9.11 Resetting your Usage

When your weekly Usage runs out before your week resets, a paid plan lets you reset your Usage instead of waiting.

9.12 Apple's role

Apple sells your subscription and any Usage reset you buy, and handles payment, renewals and cancellations, under the Apple Media Services Terms and Conditions, which also apply to your purchases. In most countries Apple does this as our agent; in some, an Apple company is the seller. Apple decides refund requests (Section 9.7). We provide the Service you pay for and stand behind it.

10. Selfies and custom looks

10.1 Selfies

Tap your companion's portrait and then Selfie to ask your companion for a photo or a short video. You can add a request of up to 280 characters.

10.2 Custom looks

You can describe a look for a custom companion in Studio, and we generate images from your description. Every look must be a fictional adult, dressed as Section 6.2(2) describes. Anything in a description that goes past those limits is left out, and the app tells you what was left out.

10.3 What selfies and looks show

Selfies and looks show your fictional companion. We make them from text and from your companion's own reference portrait. We never make them from photos of you or of any real person, and the app does not accept photo uploads.

10.4 Using selfies and looks

You may keep and use selfies and looks for your own personal, non-commercial purposes (Section 12). Do not present a selfie or look as a photo of a real person, and do not remove any information that identifies it as AI-generated.

Image generation pauses for 30 days after three of the following within 30 days, in any combination: a look description, selfie request, expression or companion character we refuse because it describes or implies someone under 18; a sexual description of an animal or creature look; or a round of look previews in which every image is withheld by our provider's moderation. A round lost to a technical problem, or a selfie or expression that is withheld, never counts toward a pause. If a request appears to sexualize a minor, image generation pauses until our team reviews it (Section 8.3).

11. Your Content

11.1 You keep your rights

You keep whatever rights you have in Your Content. That includes the persona text, character settings and look descriptions you write, and your changes to a catalog companion. The catalog companion itself stays part of Gemnd Materials (Section 13).

11.2 The license you give us

You give us a worldwide, non-exclusive, royalty-free license to host, store, copy, process, transmit, display to you, and adapt (for example, by formatting it or turning text into speech) Your Content. This license is only for these purposes:

The license includes the right to have the service providers on our Subprocessors page do these things for us. We may not pass it to anyone else, except to a successor under Section 29 (Assignment).

The license ends when Your Content is deleted from the Service. The exceptions are:

Our Privacy Policy describes these.

11.3 Your promises about Your Content

You promise that you have the rights needed to give us this license, and that Your Content and your use of the Service follow these Terms and the law. Do not include another person's private information unless you have the right to share it.

12. Outputs

12.1 Ownership

We do not claim ownership of Outputs created for you. To the extent we have any rights in an Output, we assign them to you, subject to Section 12.3. The exception is any Gemnd Materials included in the Output, such as a catalog companion's name, look or voice. We license those to you for your personal, non-commercial use.

12.2 What to know about Outputs

12.3 How you may use Outputs

You may use Outputs for your own personal, non-commercial purposes, consistent with these Terms. You may not use Outputs in a way that breaks Section 6 or 7, including presenting an Output as made by a human or as a real person's photo or words, or using Outputs to train, fine-tune or improve any AI model.

13. Gemnd Materials, your license to use Gemnd, and feedback

13.1 Our materials

Gemnd Materials belong to us or our licensors and are protected by intellectual property laws. Except for the licenses in these Terms, we grant you no rights in them.

Some parts of the app are open-source software licensed under their own terms. Those licenses govern those parts, and nothing in these Terms limits the rights they give you. Their notices are available from support@gemnd.ai on request.

13.2 Your license

Subject to these Terms, we grant you a personal, limited, non-exclusive, non-transferable and revocable license to use the Service for your own personal, non-commercial use. Section 25.2 covers the iOS app license.

13.3 Feedback

If you send us suggestions or ideas, we may use them freely, with no obligation to you.

14. Real people, likeness and intimate images

Gemnd's companions are fictional. If you believe the Service shows you, or someone you are authorized to act for, in a companion, look, selfie or other content without consent, whether or not the content is intimate, you can ask us to remove it. You do not need a Gemnd account.

We respect copyright and respond to notices under the Digital Millennium Copyright Act, 17 U.S.C. §512.

15.1 Our designated agent

15.2 To report infringement

Send our agent a written notice that includes:

  1. a physical or electronic signature of the copyright owner or a person authorized to act for them;
  2. identification of the copyrighted work you claim is infringed (or, for several works, a representative list);
  3. identification of the material you claim is infringing, with information reasonably sufficient for us to find it;
  4. your contact information (address, telephone number and email address);
  5. a statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent or the law;
  6. a statement that the information in the notice is accurate and, under penalty of perjury, that you are authorized to act for the copyright owner.

15.3 Counter-notices

If we remove Your Content because of a notice and you believe that was a mistake or misidentification, you may send our agent a counter-notice that includes:

  1. your physical or electronic signature;
  2. identification of the material that was removed and where it appeared before removal;
  3. a statement under penalty of perjury that you have a good-faith belief the material was removed as a result of mistake or misidentification;
  4. your name, address and telephone number, and a statement that you consent to the jurisdiction of the federal district court for the judicial district where your address is located (or, if your address is outside the United States, any judicial district where we may be found), and that you will accept service of process from the person who sent the original notice or their agent.

When we remove Your Content because of a notice, we promptly tell you. When we receive a valid counter-notice, we promptly send a copy to the person who sent the original notice and tell them that we will restore the material in 10 business days. We then restore it 10 to 14 business days after we received the counter-notice, unless that person first tells our agent that they have filed a court action to stop the activity.

15.4 Misrepresentations and repeat infringers

Under 17 U.S.C. §512(f), anyone who knowingly makes a material misrepresentation in a notice or counter-notice may be liable for damages. In appropriate circumstances, we close the accounts of users who repeatedly infringe.

16. Privacy

Our Privacy Policy explains how we handle personal information. Among other things, it explains that we do not sell your personal information or use it for targeted advertising. Key controls in the app:

17. Third-party services and terms

18. Changes to the Service

18.1 We improve the Service

We may add, change or remove features, companions, voices and models. Features marked beta or preview may change or be withdrawn at any time.

18.2 Your paid month is protected

We will not materially reduce the weekly Usage or features of a paid plan during a month you have already paid for. If the law, a provider or a safety issue forces such a reduction, we tell you, and you can ask Apple to refund the unused part of that month (Section 9.7).

18.3 Availability

We work to keep the Service available, but it may sometimes be interrupted, for example for maintenance or because a provider has an outage.

18.4 If we discontinue the Service

If we discontinue the Service, we give you at least 30 days' notice and time to download your data, and you can ask Apple to refund any unused part of a month you have already paid for (Section 9.7). Your App Store subscription is separate: cancel it as Section 9.3 describes.

19. Ending your account

19.1 You can delete your account at any time

Go to Settings → Delete account and confirm with your password or a code we email you.

19.2 We may suspend or close your account

We may do so if:

We follow Section 8.4 on notice and appeal. If we close your account because you broke these Terms, no refund of the current month is due under these Terms, unless the law requires one.

19.3 Closing without cause

We may also close accounts for other reasons. If we do, we give you at least 30 days' notice and time to download your data. If your account closes before the end of a month you have already paid for, you can ask Apple to refund the unused part (Section 9.7). Your App Store subscription is separate: cancel it as Section 9.3 describes.

19.4 Suspended accounts

If your account is suspended, you can still cancel your subscription in your iPhone's Settings (Section 9.3), read these Terms at https://gemnd.ai/legal/terms and our other documents at the addresses in Section 1.4, and contact support@gemnd.ai to download your data or delete your account.

19.5 What happens when your account ends

Your license to use the Service ends. Before we close your account under Section 19.2, we give you a chance to download your data, unless the law, a safety risk or an investigation prevents it (for example, for child sexual abuse material). After your account closes, we delete your data as our Privacy Policy describes, apart from what it says we keep.

These sections stay in effect after your account ends:

20. Disclaimers

PLEASE READ THIS SECTION CAREFULLY. IT LIMITS OUR WARRANTIES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, THE APP, ALL COMPANIONS AND ALL OUTPUTS ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT AND ACCURACY.

IN PARTICULAR, WE DO NOT WARRANT THAT:

COMPANIONS ARE FICTIONAL AI CHARACTERS. THE SERVICE IS NOT THERAPY, MEDICAL CARE, A CRISIS SERVICE, OR LEGAL, FINANCIAL OR OTHER PROFESSIONAL ADVICE. YOU ARE RESPONSIBLE FOR THE DECISIONS YOU MAKE BASED ON OUTPUTS.

This section does not limit any warranty that the law does not allow us to disclaim. Section 28 explains how this section applies to residents of New Jersey, Massachusetts and Maryland.

21. Limitation of liability

PLEASE READ THIS SECTION CAREFULLY. IT LIMITS WHAT YOU CAN RECOVER FROM US.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW:

THESE LIMITS DO NOT APPLY TO, AND NOTHING IN THESE TERMS LIMITS OR EXCLUDES, OUR LIABILITY FOR:

These limits are part of the basis of the bargain between you and us. Section 28 explains how this section applies to residents of New Jersey, Massachusetts and Maryland.

22. Indemnity

To the extent permitted by applicable law, you will defend and indemnify us and our officers, directors, employees and agents against claims brought by third parties, and the resulting losses, damages and reasonable legal costs, to the extent they arise from:

You do not have to indemnify us for claims caused by our own negligence, misconduct or breach of these Terms. We will tell you promptly about any claim. We may control its defense, and you may take part with your own lawyer at your own cost. We will not settle a claim in a way that admits fault for you or requires you to pay, without your consent. Section 28.2 explains how this section applies to New Jersey residents.

23. Dispute resolution and arbitration agreement

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS HOW DISPUTES BETWEEN YOU AND US ARE RESOLVED.

23.1 What this section means

You and we agree to resolve disputes through an informal process first and, if that does not work, through binding individual arbitration instead of in court, except as stated below.

In arbitration there is no judge and no jury. YOU AND WE ARE EACH GIVING UP THE RIGHT TO GO TO COURT AND TO HAVE A JUDGE OR JURY DECIDE CLAIMS, AND THE RIGHT TO BRING OR TAKE PART IN A CLASS ACTION. Review by a court of an arbitration decision is very limited.

You can opt out of this section within 30 days (Section 23.12).

23.2 Try to resolve it informally first

Before starting an arbitration, the party with a claim sends the other a written notice that includes:

The notice must be signed by the party sending it: by you, or by your lawyer together with your signed authorization; or, for us, by an authorized representative of GemndAI LLC. Send notices to us by email to legal@gemnd.ai or by mail to 160 East Sunrise Highway #1016, Freeport, NY 11520, United States. Either one is enough. We send notices to the email address on your account.

For 60 days after the notice is received, we will both try in good faith to resolve the claim. Either of us may ask for a call or video meeting. Deadlines for bringing the claim (statutes of limitations) are paused during those 60 days. This step does not stop either of us from filing in small claims court.

23.3 Agreement to arbitrate

If the claim is not resolved within 60 days, either of us may start an arbitration. Except as Section 23.4 provides, any dispute, claim or controversy between you and us arising out of or relating to these Terms, the Service or your account must be resolved by binding individual arbitration. This includes claims in contract, tort, statute or any other legal theory, and claims that arose before you accepted these Terms.

This agreement also covers claims by or against our affiliates and our and their officers, directors, employees and agents, when the claim relates to the Service. It is governed by the Federal Arbitration Act, 9 U.S.C. §1 and following.

23.4 Exceptions

Either of us may take these to court instead of arbitration:

  1. Small claims. An individual claim that qualifies for small claims court, in the county where you live or in Nassau County, New York, for as long as it stays in small claims court on an individual basis.
  2. Temporary court orders. A request to a court for a temporary order to stop an imminent infringement of intellectual property rights, such as copyright or trademark, while the dispute is decided in arbitration. The dispute itself is still decided in arbitration.
  3. Sexual harassment and sexual assault disputes. If you allege conduct that constitutes a sexual harassment dispute or a sexual assault dispute, as defined in 9 U.S.C. §401, you may choose to bring that case in court. If you do, this arbitration agreement and the class-action waiver in Section 23.8 do not apply to that case, as 9 U.S.C. §402 provides. A court, not an arbitrator, decides whether that law applies.
  4. Public injunctive relief, as Section 23.9 provides.

23.5 Who decides what

The arbitrator decides all questions about the scope, applicability, enforceability and formation of this arbitration agreement, with these exceptions, which a court decides:

  1. whether 9 U.S.C. §§401–402 applies (Section 23.4(3));
  2. whether Sections 23.8 (class-action waiver), 23.9 (public injunctive relief) and 23.10 (mass filings) are valid and enforceable;
  3. whether you opted out (Section 23.12);
  4. whether we failed to pay arbitration fees on time (Section 23.7).

23.6 How arbitration works

23.7 Fees

23.8 Class-action waiver

YOU AND WE MAY BRING CLAIMS AGAINST EACH OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims or preside over any class or representative proceeding, except as Section 23.10 allows for administration.

If a court decides that this waiver is unenforceable for a particular claim or request for relief, then:

23.9 Public injunctive relief

If you seek public injunctive relief (an injunction whose main purpose and effect is to prohibit unlawful acts that threaten future injury to the general public), and a court decides that the law does not allow that relief to be waived:

23.10 Mass filings

If 25 or more similar demands for arbitration are filed against us, or by us, by the same or coordinated lawyers or organizations, the provider's rules for mass filings apply where it has them. In addition:

Nothing in this section limits your right to an individual hearing.

23.11 Jury trial waiver

If a claim proceeds in court rather than in arbitration, you and we each waive the right to a jury trial. This waiver does not apply to a case heard in a California court, because California law does not enforce a jury waiver agreed before a dispute arises.

23.12 You can opt out within 30 days

You can reject this arbitration agreement by sending us written notice within 30 days after you first accept these Terms. Email it to legal@gemnd.ai or mail it to 160 East Sunrise Highway #1016, Freeport, NY 11520, United States. Include:

If you opt out, Sections 23.3 to 23.11 (the agreement to arbitrate, the class-action waiver and the jury-trial waiver) do not apply to you, and disputes between us are resolved in court under Section 24. Opting out has no other effect on your account or the Service. If you opted out of an earlier version of this section, you remain opted out.

23.13 Changes to this section

If we make a material change to this Section 23 after you have accepted it:

23.14 Severability within this section

Apart from Sections 23.8 and 23.9, which have their own rules, if any part of this Section 23 is found unenforceable, that part is severed and the rest of the section remains in effect.

23.15 Survival

This Section 23 continues to apply after your account ends and after you delete your account.

24. Governing law and venue

25. Apple App Store terms

This section applies to your use of the Gemnd app obtained from Apple's App Store. If it conflicts with the rest of these Terms about the iOS app, this section controls.

25.1 Acknowledgement

You and we acknowledge that these Terms are concluded between you and us only, and not with Apple Inc. or its subsidiaries ("Apple"). We, not Apple, are solely responsible for the Gemnd app and its content. These Terms do not set usage rules for the app that conflict with the Apple Media Services Terms and Conditions in effect on the date you accept these Terms (the "Usage Rules"). If anything in these Terms conflicts with the Usage Rules on such a point, the Usage Rules govern that point.

25.2 Scope of license

We grant you a non-transferable license to use the Gemnd app on any Apple-branded products that you own or control, as permitted by the Usage Rules. The app may also be accessed and used by other accounts associated with you through Family Sharing or volume purchasing. Family Sharing or volume purchasing gives other people access to the app download only. Anyone who uses Gemnd must be 18 or older, meet Section 3 and have their own Gemnd account. A paid Gemnd plan belongs to one Gemnd account and is not shared through Family Sharing (Section 9.2).

25.3 Maintenance and support

We are solely responsible for providing any maintenance and support services for the app, as these Terms describe or as the law requires. You and we acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services for the app. For support, contact us (Section 30).

25.4 Warranty

We are solely responsible for any product warranties for the app, whether express or implied by law, to the extent they are not effectively disclaimed. If the app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the app (if any) to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the app, and, as between Apple and us, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty are our sole responsibility.

25.5 Product claims

You and we acknowledge that we, not Apple, are responsible for addressing any claims by you or any third party relating to the app or your possession and use of it, including:

  1. product liability claims;
  2. any claim that the app fails to conform to any applicable legal or regulatory requirement;
  3. claims arising under consumer protection, privacy or similar legislation.

These Terms do not limit our liability to you beyond what applicable law permits.

25.6 Intellectual property rights

You and we acknowledge that, if a third party claims that the app, or your possession and use of it, infringes that third party's intellectual property rights, we, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of that claim.

You represent and warrant that:

  1. you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and
  2. you are not listed on any U.S. Government list of prohibited or restricted parties.

25.8 Developer name and address

Questions, complaints or claims about the app go to:

Formal legal notices, including a notice of dispute under Section 23.2 and an arbitration opt-out under Section 23.12, go to legal@gemnd.ai or to the mailing address above, as those sections describe.

25.9 Third-party terms

You must comply with applicable third-party terms of agreement when using the app, such as your wireless data service agreement.

25.10 Third-party beneficiary

You and we acknowledge and agree that Apple and Apple's subsidiaries are third-party beneficiaries of these Terms. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

26. Export controls and sanctions

You may not use, export or re-export the Service, the app or any Outputs in violation of U.S. export control or sanctions laws. This includes the Export Administration Regulations and the sanctions programs of the U.S. Treasury Department's Office of Foreign Assets Control. You may not use the Service if you are located in a country subject to a comprehensive U.S. embargo, or if you are on the Specially Designated Nationals List or another U.S. list of restricted parties, such as the Commerce Department's Denied Persons List or Entity List. You confirm that none of these applies to you.

27. Electronic communications

You agree that we may provide agreements, notices, disclosures and other communications to you electronically, by email to the address on your account or in the app, and that these communications satisfy any legal requirement that they be in writing.

Tapping Create account, and tapping Agree and continue on the Terms and privacy screen, confirms that you can access communications in this electronic form.

28. State-specific terms

28.1 California

Notice to California users (Cal. Civ. Code §1789.3).

28.2 New Jersey

Nothing in these Terms limits any right you have under New Jersey law. As applied to New Jersey residents:

  1. Sections 20 (Disclaimers), 21 (Limitation of liability) and 22 (Indemnity) do not limit or exclude our liability for, and do not require you to indemnify us for:
    • punitive damages that New Jersey law allows;
    • loss of or damage to your data or property that we cause;
    • personal injury;
    • our own negligence, gross negligence, recklessness or intentional misconduct.
  2. Section 20 does not disclaim any implied warranty that New Jersey law does not allow to be disclaimed.
  3. Section 23.11 (jury trial waiver) applies to you as written.
  4. Every other part of Sections 20, 21 and 22, and every other provision of these Terms, applies to you as written.

28.3 Massachusetts

For Massachusetts residents, under Mass. Gen. Laws ch. 106, §2-316A:

Every other provision of these Terms applies to you as written.

28.4 Maryland

For Maryland residents, under Md. Code, Com. Law §2-316.1:

Every other provision of these Terms applies to you as written.

28.5 Rights the law does not let a contract waive

Nothing in these Terms takes away a right that the law where you live gives you and does not allow a contract to waive. Where such a law applies to a provision of these Terms, that provision applies to the extent that law allows, and the rest of these Terms continue to apply. For New Jersey residents, Section 28.2 states exactly which provisions are affected; every provision it does not name applies to New Jersey residents as written.

29. General terms

  1. Entire agreement. These Terms, together with the plan details described in Section 1.4, are the entire agreement between you and us about the Service. They replace any earlier agreements about it. Section 23 is the only agreement between us about how disputes are resolved. If any other document we publish appears to say otherwise about disputes, Section 23 controls.
  2. Order of precedence. If these Terms conflict with something else we have said, these Terms control. Within these Terms, Section 25 controls on the points it covers for the iOS app, and Section 23 controls on how disputes are resolved.
  3. Assignment. You may not assign or transfer these Terms or your account. We may assign these Terms as part of a merger, acquisition, sale of assets or reorganization, or by operation of law. If we do, we tell you, and your personal information continues to be handled as our Privacy Policy describes.
  4. Events beyond our control. We are not responsible for a delay or failure caused by events beyond our reasonable control, such as outages at Apple or at our cloud or AI providers, natural disasters, war, strikes or changes in law. This does not excuse our refund commitments under these Terms, and it does not excuse our duties to show crisis resources and AI reminders or our other legal obligations.
  5. Notices. Notices to us go by email to legal@gemnd.ai or by mail to 160 East Sunrise Highway #1016, Freeport, NY 11520, United States. Either one is enough. Notices to you go to the email address on your account or appear in the app. An email notice is effective when sent, unless we learn it was not delivered.
  6. No waiver. If we do not enforce a provision, that does not waive our right to enforce it later.
  7. Severability. If a court or arbitrator finds a provision unenforceable, that provision is enforced to the maximum extent permissible, and the rest of these Terms remain in effect. Section 23 has its own severability rules.
  8. Relationship. You and we are independent parties. These Terms create no partnership, agency, employment or fiduciary relationship.
  9. Third-party beneficiaries. Apple and its subsidiaries are third-party beneficiaries as Section 25.10 describes. The persons named in Sections 22 and 23.3 may rely on those sections. There are no other third-party beneficiaries.
  10. Language. These Terms are written in English. If we provide a translation, the English version controls.
  11. Headings. Headings are for convenience only and do not affect the meaning of these Terms.

30. Contact us