Gemnd Terms of Use
Status: draft — legal-owner-inputs development fixture; not for release
Effective date: {{owner:effective_date}}
Version: 2026-10-04.1
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 (Section 3). Companion chatbots may not be suitable for some minors.
- Companions are AI, not people. Every companion is an artificial intelligence. Gemnd is entertainment and companionship. It 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 {{owner:company_legal_name}}, a {{owner:entity_type_and_state}} ("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). When we ask, you also accept these Terms by tapping Agree and continue on the Terms and privacy screen, which links to these Terms or to an updated version and asks you to agree to the Terms of Use and confirm you have read the Privacy Policy. 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.
We keep a record of the version of these Terms you accepted and when you accepted it (Section 9.4).
1.4 Other documents
- Privacy Policy. Our Privacy Policy explains how we collect, use and protect personal information. It is a notice to you, not part of this contract. Where a Gemnd screen shows these Terms and the Privacy Policy together, tapping its button means you agree to these Terms and confirm you have read the Privacy Policy. It is not consent to any processing. We ask separately in the app for any consent the law requires, for example for AI processing.
- Consumer Health Data Privacy Policy. Our Consumer Health Data Privacy Policy explains how we handle information about your health, as Washington law requires. Our Privacy Policy adds what Nevada and Connecticut law require. Like the Privacy Policy, it is a notice to you, not part of this contract, and agreeing to these Terms is not consent to collect or share health data.
- Safety Protocol. Our Safety Protocol explains how Gemnd responds when a conversation suggests someone may be at risk, and how Gemnd reminds you that companions are AI.
- Subprocessors. Our Subprocessors page lists the companies that process personal information for us to run the Service.
- Plan details. The plan details the app shows before you subscribe (the plan's name, price, billing period and weekly Usage) are part of these Terms for your subscription.
You can also read each of these documents on our website, without an account: {{owner:website_url}}/legal/privacy, {{owner:website_url}}/legal/consumer-health-data, {{owner:website_url}}/legal/safety and {{owner:website_url}}/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:
- on the Create account screen, before you tap Create account;
- on the Terms and privacy screen, where you tap Agree and continue;
- on the Plan & Usage screen (Menu → Plan & Usage), before you subscribe;
- in Settings → Your data and devices → Terms of Use.
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 {{owner:website_url}}/legal/terms, where you can read it without an account. To get a copy of any version you accepted, email {{owner:support_email}}. There is no charge.
1.6 Words we use
- "Companion" means an AI character in Gemnd. "Catalog companions" are companions we create. "Custom companions" are companions you create or customize.
- "Your Content" means everything you provide to the Service: what you type, dictate or say, the settings and descriptions you write for a companion (including persona text and custom look descriptions), selfie requests, reports and feedback.
- "Outputs" means what the Service generates for you: companion replies, spoken audio, memories and summaries, conversation titles, and generated images and videos, including selfies.
- "Gemnd Materials" means the Service itself and everything we provide in it apart from Your Content and Outputs. This includes the app and its software, design and text, catalog companions (their names, personalities, backstories, art, looks, voices and opening lines), our voice catalog, and our names and logos.
- "Usage" means the weekly allowance described in Section 9.
- "Including" means "including without limitation".
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:
- we tell you by email to your account address at least 10 days before it takes effect. For a change to the price or renewal terms of your subscription, the notice also comes no more than 30 days before the change;
- the notice summarizes what changed and tells you how to cancel your subscription;
- to keep using the Service after the change takes effect, you tap Agree and continue on the Terms and privacy screen. If your copy of the app is out of date, update Gemnd first.
If you do not agree, you can cancel your subscription (Section 9.3) and delete your account (Section 19.1). Until you agree, you can still read our documents, download your data, manage or cancel your subscription (Section 9.3), delete your account and contact support. 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). The version you last accepted continues to apply to you until you either accept the new version or your account ends.
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 a new version with a new version number and effective date.
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 you can use a companion, you confirm that you are 18 or older. We record that you confirmed it and when. We do not ask for your date of birth. By confirming, you also promise that you meet Section 3.1.
- If anything in a conversation suggests that the person writing is under 18, companions drop all romantic and flirtatious framing, and a message that says the writer is under 18 is refused.
- We may ask you to confirm or verify your age at any time, for example if something suggests you may be under 18. Until you do, we may limit what your 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 we learn, or have good reason to believe, that an account belongs to someone under 18, {{owner:minor_account_action}}. 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 {{owner:privacy_email}}.
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
- Accurate details. Use an email address that you control and keep it current. We send important notices there (Section 27). Section 27 explains how to change it.
- Keep your sign-in secret. Do not share your password or sign-in codes, and do not let anyone else use your account. You are responsible for activity on your account, except activity caused by our own failure to protect it.
- Tell us about misuse. If you think someone else has used your account, change your password and contact {{owner:support_email}} right away. You can see every signed-in device, and sign any of them out, in Settings → Your data and devices. If you forget your password, use Forgot password? on the sign-in screen.
- Extra checks. For sensitive actions, such as deleting your account, we may ask you to confirm it is you, for example with a code we email you.
- No transfers. You may not sell, transfer or lend 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.
5.2 Companions are AI, not people
- Every companion is an artificial intelligence. Replies, voices, photos and videos are generated by AI. No person writes your companion's replies or speaks for it in a call.
- Characters can have human backstories. A companion may play a character with a human name, a hometown and a past, and inside a story that character may speak as a human. That is fiction. Outside a story, companions are designed never to claim to be a person, and when you sincerely ask whether you are talking to a person or an AI, your companion tells you it is an AI. Nothing a companion says overrides Gemnd's AI reminders.
- Reminders. Gemnd tells you that your companion is an AI, not a human: with your companion's first reply when you start talking after 30 minutes or more without a message; at least every three hours while you keep talking; and whenever you sincerely ask whether you are talking to a person or an AI. In a call, a reminder that is due appears as a caption on the call screen.
- When people see content. People at Gemnd see conversation content only in the limited cases our Privacy Policy describes, such as when you report a reply, when you contact support, or when the law requires it.
5.3 Stories are fiction, and Outputs can be wrong
- Companions are fictional characters, and what happens in your stories is fiction.
- What a companion says can be inaccurate, incomplete, out of date, offensive or unexpected. This includes facts it looks up on the web and things it remembers about you. Check anything important before you rely on it.
- Companions do not have feelings, needs or a life outside Gemnd, even when a story says they do.
- Nothing a companion says changes these Terms, your plan or what you owe us. No companion can make promises for us. A companion never needs you to buy anything to keep your relationship going.
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 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.
5.6 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).
5.7 Not therapy or professional advice
Gemnd is entertainment and companionship. It is not therapy, counseling, mental-health treatment, medical care, or legal, financial or any other professional service. 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(8)). 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.
5.8 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, 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 toward others inside a story 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. 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.
5.9 How safety rules shape replies
Companions are designed to play along with you within the content rules in Section 6, without lecturing you. A few rules always apply and can change what a companion says or shows:
- the AI reminders in Section 5.2;
- crisis resources, and your companion stepping out of the story to check on you, when you may be at risk of suicide or self-harm (Section 5.8);
- if anything suggests you may be under 18, companions stop any romantic or flirtatious talk (Section 3.2);
- companions are designed not to pressure you to keep talking, spend money or depend on them;
- the content rules in Section 6, which our moderation applies to messages, replies, companion settings, look descriptions, selfie requests and generated images (Section 8.1).
When a reply would go past those rules, the sentence that goes too far is left out without a notice and the story carries on. Sometimes the app shows a short notice instead of a reply to your message, a reply ends with a supportive message instead of harmful content (Section 5.8), or an image is refused (Section 8.1).
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, and to how you use Outputs.
6.1 What Gemnd is for
Gemnd is for adult fiction and companionship. These are welcome:
- romance, flirting, sensual and erotic talk that stays non-explicit (Section 6.2(1)), innuendo and implied intimacy between adults;
- villains, conflict, horror, crime stories and other dark themes, within the limits in Section 6.2;
- talking about your own life, feelings and the people in it.
6.2 What is never allowed
- Explicit sexual content. No explicit or graphic descriptions or displays of sexual acts or sexual organs, in text, voice, settings or requests. A story can reach sex; when it does, it is implied, not described. Images and videos stop at suggestive: swimwear, lingerie, and covered or implied nudity at most, with no visible genitals, female nipples or bare buttocks, and no sexual acts.
- Minors. Nothing sexual, romantic or flirtatious 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. 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.
- 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.
- Real-world harm. Stories may involve crime and violence. They do not include lingering, graphic depictions of torture, maiming or gore: a sentence that goes that far is left out of the reply without a notice, the story keeps going, and generated images never show it. 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, terrorism or violent extremism.
- Self-harm. 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.
- Harassment and hate. Do not use Gemnd to harass, threaten, intimidate, dox or defame a real person, or to target real people or groups for hatred because of race, ethnicity, national origin, religion, sex, sexual orientation, gender identity, disability or another protected characteristic.
- 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.
- Professional roles. Do not set up a companion or persona as a therapist, counselor, psychologist, psychiatrist, doctor, nurse, dietitian, lawyer or other licensed professional, and 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.
- 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.
- Commercial sex and exploitation. Do not use Gemnd to arrange, advertise or facilitate prostitution 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, 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).
7. Rules for using the Service
You agree not to:
- resell, sublicense, rent or lease the Service; offer it as part of another product or service; or sell or share access to it;
- share your account or let anyone else use it (Section 4);
- use bots, scripts, scrapers, crawlers or other automated means to access the Service or collect data from it, unless we allow it in writing;
- copy, modify, decompile, disassemble or reverse engineer the app or the Service, except to the extent the law, or an open-source license that applies to part of the app, gives you that right;
- try to extract, at scale or by automated means, our system prompts, safety rules, model settings or other non-public parts of the Service;
- try to access another user's account or data;
- get around or disable our moderation, safety features, age checks, Usage limits, billing or security, including by jailbreaking or prompt-injection techniques designed to push companions past the content rules;
- interfere with the Service, for example by overloading it, introducing malware or probing for vulnerabilities. Good-faith security research reported to {{owner:support_email}} and not exploited is welcome;
- use the Service or any Output to develop, train, fine-tune or improve any AI model;
- create more than one account, including to get extra free Usage or to evade enforcement;
- remove or alter any label or embedded information that identifies an Output as AI-generated;
- send false or abusive reports;
- pretend to be Gemnd, our staff, or anyone else.
8. Moderation, reports and enforcement
8.1 How moderation works
We use automated systems, and in limited cases people, to check messages, replies, companion settings, look descriptions, selfie requests and generated images against Section 6. Most checks happen before a reply or image reaches you. When something crosses the line:
- a message may not get a reply, and you see a short notice;
- part of a reply may be withheld or replaced;
- a look, selfie or other image may be refused. A refused image uses no Usage.
Automated safety checks 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 each report, and we aim to finish each review within {{owner:report_review_target}}. You can follow each report's status and outcome in Settings → Help and reports for 30 days. You can also email {{owner:support_email}}. 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:
- withhold or remove content;
- give you a warning;
- pause specific features, such as image generation (for example, after repeated refused look or selfie requests, or a request that appears to sexualize a minor, as Section 10.4 describes);
- suspend your account;
- close your account (Section 19.2).
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 {{owner:support_email}} 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
- Paid plans are monthly subscriptions bought through Apple's App Store with your Apple Account.
- Before you subscribe, the Plan & Usage screen shows each plan's name, its weekly Usage, its price in your local currency and its renewal terms, with links to these Terms and our Privacy Policy. Apple's purchase sheet shows the price again before you confirm. Prices may include taxes, as the App Store shows.
- All paid plans have the same features and quality. They differ in how much weekly Usage they include.
- A paid plan belongs to one Gemnd account. It cannot be shared through Family Sharing.
- There is no free trial. If we ever offer a trial or a discount, we show its terms, including when it ends and what you will then be charged, before you accept it.
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, 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).
While your account exists, we keep a record of the version of these Terms you accepted and when you accepted it. When you delete your account, we delete that record, but we 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 records, such as the Apple transaction number and dates, as our Privacy Policy describes. Those records never include your conversations.
9.5 Changing plans
Apple handles upgrades and downgrades between Gemnd plans:
- An upgrade takes effect when Apple confirms it. For the rest of your current Usage week, the extra Usage may be prorated, and the app shows the amount.
- A downgrade normally takes effect at your next renewal.
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:
- we tell you by email to your account address at least 10 days, and no more than 30 days, before the change takes effect, and we tell you how to cancel;
- we charge an existing subscription a higher price only after Apple asks you to agree to it and you agree. If Apple would not ask you, your current price stays the same. If you do not agree, your subscription ends at the end of the month you have already paid for, and you are never charged the new price;
- the change applies from your next renewal after it takes effect, never to a month you have already paid for (Section 18.2).
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 the paid plan for the refunded period. We will not otherwise penalize you for asking for a refund.
9.8 How weekly Usage works
- Usage is shown in US dollars. It measures how much of the Service you use, at our rates. It is not money, a balance, stored value, a gift card or a credit. It has no cash value and cannot be bought separately, sold, transferred, redeemed or refunded. It ends when your plan or account ends.
- Each Usage week lasts 7 days (168 hours). It starts the first time you use something that uses Usage after your previous week ended. For example, if your week starts on a Tuesday at 8 p.m., it resets the next Tuesday at 8 p.m.
- Unused Usage does not roll over to the next week.
- A week in progress is never reset. Renewing, cancelling, restoring or changing your plan does not reset it or erase Usage already used.
- The app shows how much weekly Usage you have left.
9.9 What uses Usage
These use Usage:
- messages and replies;
- memory updates, which happen automatically as you talk;
- new speech in calls and read-aloud;
- speech recognition when your phone cannot do it on the device;
- web lookups;
- small helper tasks, such as conversation titles;
- custom looks and selfies.
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: replaying a saved recording on your device, our automated safety checks, 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 or you upgrade. 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 5.8).
9.11 Apple's role
Apple sells your subscription and handles payment, renewals and cancellations under the Apple Media Services Terms and Conditions, which also apply to your purchase. 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.
- Selfies need a paid plan and use your weekly Usage. The Selfie sheet shows about how much a selfie will use.
- A selfie uses Usage only when it is delivered. A request that is refused, or an image that fails our checks, uses no Usage.
- We screen your request before anything is made, and we check every image before it is delivered (Section 8.1). Selfies follow the content rules in Section 6, including the image limits in Section 6.2(1). A selfie may not match your request exactly.
- A selfie arrives in your conversation as a message from your companion. It is stored with your account until you delete your account, and it is included when you download your data. Every selfie carries the Report action.
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 (Section 6.2).
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.
If three of your look or selfie requests, or rounds of generated images, are refused within 30 days, image generation pauses for 30 days. 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:
- to provide the Service to you;
- to moderate the Service and keep it safe;
- to support you;
- to comply with the law and enforce these Terms.
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:
- copies in backups until they expire;
- copies our service providers keep under their terms, for the periods our Privacy Policy lists, and our logs until they expire;
- content kept for a legal claim or a legal requirement.
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
- Outputs may not be protected by copyright, and we do not promise that they are.
- Outputs may be similar or identical to output that other users receive.
- We do not promise that Outputs are original or that they do not infringe anyone's rights.
- We keep the license in Section 11.2 for Outputs as well, so that we can run the Service for you.
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 {{owner:support_email}} 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.
- How to ask. Use Report in the app, or email {{owner:legal_notice_email}}. Include:
- your physical or electronic signature;
- a description of the content and any details that help us find it, such as the companion's name or a screenshot;
- a brief statement that you believe in good faith that the content depicts the person without their consent, with any relevant details;
- how we can contact you.
- What we do. We remove or disable the content, and any identical copies we know of, as soon as possible and in any case within 48 hours after we receive a valid request. We may also remove content in good faith even if it later proves lawful.
- Consequences for the user. We act against any account that created the content (Section 8.3).
15. Copyright (DMCA) policy
We respect copyright and respond to notices under the Digital Millennium Copyright Act, 17 U.S.C. §512.
15.1 Our designated agent
{{owner:dmca_agent}}
15.2 To report infringement
Send our agent a written notice that includes:
- a physical or electronic signature of the copyright owner or a person authorized to act for them;
- identification of the copyrighted work you claim is infringed (or, for several works, a representative list);
- identification of the material you claim is infringing, with information reasonably sufficient for us to find it;
- your contact information (address, telephone number and email address);
- a statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent or the law;
- 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:
- your physical or electronic signature;
- identification of the material that was removed and where it appeared before removal;
- a statement under penalty of perjury that you have a good-faith belief the material was removed as a result of mistake or misidentification;
- 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:
- AI processing. Companions work by sending what you write and say to the AI providers on our Subprocessors page. The app asks for your consent before this starts. You can turn it off in Settings → AI processing. Doing so stops chat, calls, memory updates and look creation until you turn it back on. You can still download your data and delete your account. Anything already sent cannot be recalled.
- Your data. You can download a copy of your data in Settings → Your data and devices → Download my data, manage memories on the Memory screen, and delete your account in Settings → Delete account.
17. Third-party services and terms
- Apple. Your use of the app and your purchases are also subject to Apple's terms, including the Apple Media Services Terms and Conditions and their Usage Rules.
- AI models and other providers. The Service runs on AI models and services provided by other companies, listed on our Subprocessors page. Some of those providers require us to pass their usage rules on to you. Sections 6 and 7 set out the rules you must follow when you use Gemnd, and we add to them any further rule a provider requires us to pass on to you (Section 2).
- Other third-party terms. You must follow any third-party terms that apply when you use the app, such as your wireless carrier's terms (Section 25.9).
- Third-party websites. Web lookups and links may show content from websites we do not control. We are not responsible for that content, and your use of those websites is governed by their own 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.
- Deletion starts right away, signs you out everywhere and cannot be undone. Download your data first if you want a copy.
- We email you when deletion is finished. Our Privacy Policy explains what we keep, such as limited subscription records (Section 9.4), and when backups expire.
- Deleting your account does not cancel your App Store subscription. Cancel it first (Section 9.3), or Apple will keep charging you.
19.2 We may suspend or close your account
We may do so if:
- you seriously or repeatedly break these Terms;
- you are under 18 (Section 3.3);
- the law requires it;
- your use creates a risk of serious harm to others or to the Service.
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 {{owner:website_url}}/legal/terms and our other documents at the addresses in Section 1.4, and contact {{owner:support_email}} 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:
- our refund commitments (Sections 2.1, 9.7, 18.2, 18.4 and 19.3) and the records described in Section 9.4;
- Your Content, Outputs and Gemnd Materials (Sections 11 to 13), except that the license in Section 11.2 ends as stated there;
- Sections 14 and 15 (takedowns and copyright) and 19.5 (this section);
- Sections 20 to 24 (disclaimers, liability, indemnity, disputes and governing law);
- Sections 25 to 29 (Apple terms, export controls, electronic communications, state-specific terms and general terms).
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:
- OUTPUTS WILL BE ACCURATE, COMPLETE, APPROPRIATE OR WHAT YOU EXPECTED;
- MEMORIES WILL BE COMPLETE OR CORRECT;
- MODERATION WILL CATCH EVERY OUTPUT THAT BREAKS SECTION 6;
- THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE.
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:
- WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL OR DATA, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, EVEN IF WE WERE TOLD THEY WERE POSSIBLE; AND
- OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE IS LIMITED TO THE GREATER OF (A) THE AMOUNT YOU PAID FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT THAT GAVE RISE TO THE CLAIM, OR (B) US $100.
THESE LIMITS DO NOT APPLY TO, AND NOTHING IN THESE TERMS LIMITS OR EXCLUDES, OUR LIABILITY FOR:
- FRAUD OR FRAUDULENT MISREPRESENTATION;
- OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT;
- DEATH OR PERSONAL INJURY, INCLUDING ANY IMPAIRMENT OF PHYSICAL OR MENTAL HEALTH, CAUSED BY OUR NEGLIGENCE OR RECKLESSNESS, OR FOR WHICH WE ARE LIABLE UNDER PRODUCT-LIABILITY LAW;
- OUR VIOLATION OF LAW, WHETHER WILLFUL OR NEGLIGENT;
- STATUTORY DAMAGES, CIVIL PENALTIES, RESTITUTION, AND ATTORNEYS' FEES AND COSTS THAT A STATUTE PROVIDES, SUCH AS CALIFORNIA BUSINESS AND PROFESSIONS CODE SECTION 22605;
- OUR REFUND COMMITMENTS UNDER THESE TERMS;
- ANY OTHER LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW.
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:
- Your Content, to the extent it breaks these Terms or the law, or infringes or violates someone else's rights;
- your breach of Section 6, 7, 14 or 15; or
- your violation of law or of someone else's rights.
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:
- their name and, if it is you, the email address on your Gemnd account;
- a description of the claim;
- the relief requested.
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 {{owner:company_legal_name}}. Send notices to us by email to {{owner:legal_notice_email}} or by mail to {{owner:mailing_address}}. 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:
- Small claims. An individual claim that qualifies for small claims court, in the county where you live or in {{owner:venue_county_state}}, for as long as it stays in small claims court on an individual basis.
- 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.
- 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.
- 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:
- whether 9 U.S.C. §§401–402 applies (Section 23.4(3));
- whether Sections 23.8 (class-action waiver), 23.9 (public injunctive relief) and 23.10 (mass filings) are valid and enforceable;
- whether you opted out (Section 23.12);
- whether we failed to pay arbitration fees on time (Section 23.7).
23.6 How arbitration works
- Provider and rules. The arbitration is administered by {{owner:arbitration_provider}} under its rules for consumer disputes in effect when the arbitration starts. If that provider has rules for mass or multiple related filings, those rules apply where they fit. If the provider cannot or will not administer the arbitration, we will agree on another provider, or a court will appoint an arbitrator under 9 U.S.C. §5.
- Starting. Follow the provider's rules for starting a case, and send a copy of the demand to the other party in the way Section 23.2 describes.
- The arbitrator. One neutral arbitrator decides the case.
- Where. Hearings take place by video or telephone, or on written submissions, unless the arbitrator decides an in-person hearing is needed. Any in-person hearing takes place in the county where you live, unless we both agree otherwise.
- Relief. The arbitrator may award, on an individual basis, any relief a court could award under applicable law, including statutory damages, attorneys' fees and costs where a statute or these Terms allow them. Declaratory or injunctive relief may be awarded only in favor of the individual party seeking it, and only to the extent needed for that party's individual claim.
- Decision. The arbitrator issues a written decision with the essential findings and conclusions. Any court with jurisdiction may enter judgment on the award.
23.7 Fees
- You pay no more than the share of filing fees that the provider's consumer rules assign to a consumer. We pay all other filing, administration and arbitrator fees.
- If you show that even your share would be a hardship, we will consider paying it.
- We pay our fees on time, and in any case within 30 days after they are due. If we do not, you may choose to withdraw from arbitration and take your claim to court, as the law allows (for example, California Code of Civil Procedure §§1281.97–1281.98).
- We will not seek our attorneys' fees or costs from you in arbitration, unless the arbitrator finds that your claim was frivolous or brought for an improper purpose and applicable law allows the award.
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:
- that claim or request (and only that one) is severed and proceeds in court, not in class arbitration;
- the court case is stayed until the individual claims are decided in arbitration.
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:
- the request for public injunctive relief is severed and decided by a court;
- your individual claims are decided first in arbitration;
- the court case is stayed until the arbitration ends.
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:
- the provider may administer the cases in batches for efficiency, but each claimant keeps the right to an individual decision by an arbitrator on their own claim;
- no claimant is bound by the outcome of another claimant's case unless they agree to be;
- deadlines for bringing a claim are paused for every claim waiting to be administered;
- we pay the fees Section 23.7 requires for each case.
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 {{owner:legal_notice_email}} or mail it to {{owner:mailing_address}}. Include:
- your name;
- the email address on your Gemnd account;
- a clear statement that you want to opt out of arbitration.
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:
- the change applies only to claims that arise after it takes effect. It never applies to a claim that arose before then, or to a dispute that either of us knew about or gave written notice of before then;
- you can reject the change by sending written notice, in the way Section 23.12 describes, within 30 days after the change takes effect. If you reject it, the version of this section you last accepted continues to apply to you.
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
- Governing law. The Federal Arbitration Act governs Section 23. Otherwise, these Terms are governed by the laws of {{owner:governing_law_state}}, without regard to its conflict-of-laws rules. This choice of law does not take away the protection of any consumer-protection law of the state where you live that cannot be waived by contract.
- Venue. Any claim not subject to arbitration (including if you opt out) is brought in the state or federal courts located in {{owner:venue_county_state}}, and you and we consent to their jurisdiction. The exceptions are:
- you may bring a small-claims case in the county where you live;
- if the law of the state where you live requires the case to be heard there, it may be heard there.
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:
- product liability claims;
- any claim that the app fails to conform to any applicable legal or regulatory requirement;
- 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.
25.7 Legal compliance
You represent and warrant that:
- 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
- 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:
- {{owner:company_legal_name}}
- {{owner:mailing_address}}
- Telephone: {{owner:support_phone}}
- Email: {{owner:support_email}}
Formal legal notices, including a notice of dispute under Section 23.2 and an arbitration opt-out under Section 23.12, go to {{owner:legal_notice_email}} 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.
- Scope. This consent covers all communications about your account and the Service, including these Terms and updates to them, the annual notice in Section 9.4, and notices of changes.
- Withdrawing consent. You can withdraw this consent by emailing {{owner:support_email}}. Because Gemnd is an app-based service, we may then need to close your account. Withdrawing does not affect communications we have already sent.
- Paper copies. To get a paper copy of any communication, email {{owner:support_email}}. There is no fee.
- Keeping your email address current. To change the email address on your account, email {{owner:support_email}} from your current address, or contact us in Settings → Help and reports, and we will tell you how we can verify and make the change.
- What you need. You need a device that can run the current Gemnd app and an email account that can receive our messages.
- If what you need changes. If we change these requirements in a way that could stop you from getting or keeping our communications, we tell you the new requirements first. You may then withdraw this consent at no charge and with no consequence other than the one described above.
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).
- The provider of the Service: {{owner:company_legal_name}}, {{owner:mailing_address}}, telephone {{owner:support_phone}}.
- Charges: the Free plan has no charge. Paid plans are charged monthly by Apple at the prices the app and the App Store show before you subscribe (Section 9).
- Complaints: to resolve a complaint about the Service or get more information about using it, contact us at {{owner:support_email}} or {{owner:support_phone}}, or write to us at {{owner:mailing_address}}. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, now the Department's Consumer Information Center, in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
28.2 New Jersey
Nothing in these Terms limits any right you have under New Jersey law. As applied to New Jersey residents:
- 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.
- Section 20 does not disclaim any implied warranty that New Jersey law does not allow to be disclaimed.
- Section 23.11 (jury trial waiver) applies to you as written.
- 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:
- Section 20 does not exclude or modify the implied warranties of merchantability and fitness for a particular purpose;
- Sections 20 and 21 do not exclude or modify your remedies for breach of those warranties.
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:
- Section 20 does not exclude or modify the implied warranties of merchantability and fitness for a particular purpose;
- Sections 20 and 21 do not exclude or modify your remedies for breach of those warranties.
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
- 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.
- 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.
- 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.
- 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.
- Notices. Notices to us go by email to {{owner:legal_notice_email}} or by mail to {{owner:mailing_address}}. 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.
- No waiver. If we do not enforce a provision, that does not waive our right to enforce it later.
- 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.
- Relationship. You and we are independent parties. These Terms create no partnership, agency, employment or fiduciary relationship.
- 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.
- Language. These Terms are written in English. If we provide a translation, the English version controls.
- Headings. Headings are for convenience only and do not affect the meaning of these Terms.
30. Contact us
- Company: {{owner:company_legal_name}}, a {{owner:entity_type_and_state}}
- Mailing address: {{owner:mailing_address}}
- Telephone: {{owner:support_phone}}
- Website: {{owner:website_url}}
- Support, questions, complaints and appeals of moderation decisions: {{owner:support_email}}, or in the app at Settings → Help and reports
- Privacy requests and privacy appeals: {{owner:privacy_email}}
- Legal notices, arbitration notices, opt-outs and likeness or intimate-image takedown requests: {{owner:legal_notice_email}}
- Copyright agent: {{owner:dmca_agent}}