Agreement to Terms
Welcome to Fynel. These Terms of Service ("Terms") govern your access to and use of the Fynel mobile application ("App", "Service", or "Fynel"). By downloading, installing, or using Fynel, you agree to be bound by these Terms.
If you do not agree to these Terms, do not use the App.
Eligibility
You must be at least 13 years old to use Fynel. If you are under 18, you must have permission from a parent or legal guardian to use the App.
By using Fynel, you represent and warrant that:
- You meet the age requirements stated above
- You have the legal capacity to enter into these Terms
- You will comply with all applicable laws and regulations
Description of Service
Fynel is an AI-powered chat application that provides:
- Conversations with AI companions powered by artificial intelligence
- Multiple AI personality options to choose from
- Personalized chat experiences
- Profile customization features
🤖 Third-Party AI Service
Fynel uses OpenAI's services to generate AI responses. When you use AI chat features, your messages are sent to OpenAI (a third-party service provider) for processing. You will be asked for explicit consent before any data is shared with OpenAI.
OpenAI's services are subject to their own terms of service and privacy policy, which you can review at https://openai.com/policies.
User Accounts and Registration
Account Creation
To use certain features of Fynel, you may need to create a profile with a nickname and optional bio. You are responsible for:
- Providing accurate information
- Maintaining the security of your device and account
- All activities that occur under your account
Account Security
You agree to:
- Keep your device secure and protected
- Not share your account access with others
- Notify us immediately of any unauthorized use of your account
Acceptable Use
You May:
- Use Fynel for personal, non-commercial purposes
- Engage in conversations with AI companions
- Customize your profile and preferences
- Provide feedback to help us improve the App
You May NOT:
- Use the App for any illegal or unauthorized purpose
- Attempt to harm, harass, or abuse others through the App
- Use the App to generate, distribute, or promote harmful, offensive, or illegal content
- Attempt to reverse engineer, decompile, or disassemble the App
- Use automated systems (bots, scripts) to access the App
- Attempt to gain unauthorized access to our systems or other users' accounts
- Interfere with or disrupt the App's functionality
- Use the App to impersonate any person or entity
- Collect or harvest information about other users
- Use the App in any way that violates applicable laws or regulations
Content and Conduct
Your Content
You retain ownership of the messages and content you create in Fynel ("Your Content"). By using the App, you grant us a limited license to:
- Process Your Content to provide the Service (including sending it to OpenAI for AI response generation)
- Store Your Content on your device and our servers as necessary
- Use anonymized, aggregated data for analytics and improvement purposes
AI-Generated Content
Content generated by AI companions ("AI Content") is provided for entertainment and informational purposes only. You acknowledge that:
- AI Content may not always be accurate, complete, or appropriate
- AI Content does not constitute professional advice (medical, legal, financial, etc.)
- You should not rely solely on AI Content for important decisions
- We are not responsible for AI Content generated by third-party services (OpenAI)
Prohibited Content
You agree not to use Fynel to create, share, or request content that:
- Is illegal, harmful, threatening, abusive, or harassing
- Violates intellectual property rights
- Contains malware or harmful code
- Promotes violence, discrimination, or hate speech
- Involves minors in inappropriate ways
- Is sexually explicit or pornographic
- Violates privacy rights of others
Data and Privacy
Your privacy is important to us. Our collection, use, and sharing of your information is governed by our Privacy Policy, which is incorporated into these Terms by reference.
Key Privacy Points:
- You must consent before chat messages are sent to OpenAI
- You can manage your data sharing preferences in the Privacy Center
- You can delete your account and data at any time
- Please review our full Privacy Policy for complete details
Intellectual Property
Our Rights
Fynel and all related content, features, and functionality (including but not limited to software, design, text, graphics, and logos) are owned by us or our licensors and are protected by copyright, trademark, and other intellectual property laws.
Limited License
We grant you a limited, non-exclusive, non-transferable, revocable license to use the App for personal, non-commercial purposes, subject to these Terms.
Restrictions
You may not:
- Copy, modify, or create derivative works of the App
- Distribute, sell, or lease the App
- Remove or alter any copyright, trademark, or proprietary notices
- Use our trademarks or branding without permission
Disclaimers and Limitations of Liability
Service "As Is"
THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
- Warranties of merchantability or fitness for a particular purpose
- Warranties that the App will be uninterrupted, error-free, or secure
- Warranties regarding the accuracy or reliability of AI-generated content
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR:
- Any indirect, incidental, special, consequential, or punitive damages
- Loss of profits, data, use, or goodwill
- Service interruptions or errors
- Content generated by AI or third-party services
- Unauthorized access to or alteration of your data
- Any damages arising from your use or inability to use the App
IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE AMOUNT YOU PAID TO US IN THE PAST 12 MONTHS, OR $100, WHICHEVER IS GREATER.
Third-Party Services
We are not responsible for the actions, content, or services of third parties, including OpenAI. Your use of third-party services is at your own risk and subject to their terms and policies.
Indemnification
You agree to indemnify, defend, and hold harmless Fynel and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including legal fees) arising from:
- Your use of the App
- Your violation of these Terms
- Your violation of any rights of another person or entity
- Your Content
Termination
By You
You may stop using the App at any time and delete your account through the Profile settings.
By Us
We reserve the right to suspend or terminate your access to the App at any time, with or without notice, for any reason, including if:
- You violate these Terms
- Your use of the App poses a security or legal risk
- We discontinue the App
Effect of Termination
Upon termination:
- Your right to use the App will immediately cease
- We may delete your account and data (subject to our Privacy Policy)
- Provisions that should survive termination (including disclaimers, limitations of liability, and indemnification) will continue to apply
Changes to the Service
We reserve the right to:
- Modify, suspend, or discontinue any part of the App at any time
- Change features, functionality, or availability
- Impose limits on certain features or restrict access
We will make reasonable efforts to notify you of significant changes, but we are not liable for any modifications or discontinuation of the Service.
Changes to These Terms
We may update these Terms from time to time. We will notify you of changes by:
- Posting the updated Terms in the App
- Updating the "Last Updated" date
- Sending an in-app notification for material changes
Your continued use of the App after changes are posted constitutes your acceptance of the updated Terms. If you do not agree to the changes, you must stop using the App.
Governing Law and Dispute Resolution
Governing Law
These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which we operate, without regard to conflict of law principles.
Dispute Resolution
If you have a dispute with us, please contact us first at support@fynel.com to attempt to resolve it informally.
Arbitration
Any disputes that cannot be resolved informally shall be resolved through binding arbitration, except where prohibited by law. You agree to waive your right to a jury trial or to participate in a class action lawsuit.
General Provisions
Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Fynel regarding the App.
Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
Waiver
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
Assignment
You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign these Terms without restriction.
No Agency
No agency, partnership, joint venture, or employment relationship is created between you and Fynel as a result of these Terms or your use of the App.
Force Majeure
We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, natural disasters, war, terrorism, riots, or technical failures.
Contact Information
If you have any questions, concerns, or feedback about these Terms or the App, please contact us:
- Email: support@fynel.com
- Response Time: We aim to respond within 7 business days
Apple App Store Terms
If you downloaded Fynel from the Apple App Store, the following additional terms apply:
- These Terms are between you and Fynel, not Apple
- Apple has no obligation to provide maintenance or support for the App
- Apple is not responsible for addressing any claims relating to the App
- Apple is a third-party beneficiary of these Terms and may enforce them
- You must comply with applicable third-party terms when using the App
📋 Summary of Key Terms
- You must be at least 13 years old to use Fynel
- Use the App responsibly and legally
- AI content is for entertainment purposes only, not professional advice
- You consent to data sharing with OpenAI when using AI features
- We provide the App "as is" without warranties
- We may modify or discontinue the App at any time
- Contact us at support@fynel.com with questions
By using Fynel, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.
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