Welcome to Oyster AI. These Terms of Service ("Terms") govern your access to and use of the Oyster AI mobile application (the "App") and related services (collectively, the "Services") provided by Oyster AI ("we," "our," or "us").
IMPORTANT: Please read these Terms carefully before using our Services. By downloading, installing, accessing, or using the App, you agree to be bound by these Terms. If you do not agree to these Terms, do not use our Services.
These Terms constitute a legally binding agreement between you and Oyster AI. We may update these Terms from time to time, and your continued use of the Services after any changes constitutes acceptance of the updated Terms.
1. Eligibility and Account Registration
1.1 Age Requirement
You must be at least 18 years of age to use our Services. By using the App, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms. Our Services include features related to dating and interpersonal communication that are intended for adult users only.
1.2 Account Creation
To access certain features, you must create an account. When creating an account, you agree to:
- Provide accurate, current, and complete information
- Maintain and promptly update your account information
- Maintain the security of your account credentials
- Accept responsibility for all activities that occur under your account
- Immediately notify us of any unauthorized use of your account
1.3 Account Security
You are responsible for safeguarding your account credentials and for any activities or actions under your account. We are not liable for any loss or damage arising from your failure to maintain the confidentiality of your account.
2. Description of Services
Oyster AI provides AI-powered communication assistance, including:
- Conversation Analysis: Analysis of conversation screenshots to provide insights and understanding
- Message Composition: AI-assisted message drafting and refinement
- Dating Profile Analysis: Analysis of dating app profiles to generate personalized opening messages
- Communication DNA: Personalized communication style profiling based on quiz responses and usage patterns
- AI Assistant: Interactive AI chat for communication advice and guidance
- iMessage Extension: Quick access to features directly within iMessage
Our Services use artificial intelligence technology, including third-party AI services, to process your content and generate responses. AI-generated content is provided for informational and entertainment purposes and should not be relied upon as professional advice.
3. Subscription Terms and Billing
Auto-Renewable Subscription Information
Oyster AI offers premium features through auto-renewable subscriptions. Please review the following important information:
- Subscription Options: We offer weekly, monthly, and annual subscription plans. Current pricing is displayed in the App before purchase.
- Payment: Payment will be charged to your Apple ID account at confirmation of purchase.
- Auto-Renewal: Your subscription will automatically renew unless auto-renew is turned off at least 24 hours before the end of the current billing period.
- Renewal Charge: Your account will be charged for renewal within 24 hours prior to the end of the current period at the subscription price.
- Managing Subscriptions: You can manage and cancel your subscription by going to your Account Settings in the App Store after purchase.
- Free Trial: If offered, any unused portion of a free trial period will be forfeited when you purchase a subscription.
3.1 Pricing and Payment
All subscription fees are charged in advance on a recurring basis. Prices are displayed in your local currency and may vary by region. We reserve the right to change subscription prices with reasonable notice. Price changes will not affect your current billing period but will apply to subsequent renewals.
3.2 Refunds
All purchases are processed through Apple's App Store. Refund requests must be submitted to Apple in accordance with their refund policy. We do not have the ability to process refunds directly. To request a refund:
- Visit reportaproblem.apple.com
- Sign in with your Apple ID
- Select the subscription or purchase
- Follow Apple's refund request process
3.3 Free Features and Limitations
Some features of the App are available without a subscription, subject to usage limitations. Free users may have restricted access to certain features, limited daily usage, or receive blurred or partial results. Full access to all features requires an active premium subscription.
4. User Content and Conduct
4.1 User Content
"User Content" refers to any content you upload, submit, or transmit through the Services, including screenshots, messages, images, text, and other materials. You retain ownership of your User Content, but you grant us a limited license as described below.
4.2 License to User Content
By submitting User Content, you grant Oyster AI a non-exclusive, worldwide, royalty-free, sublicensable license to use, process, store, and transmit your User Content solely for the purpose of providing and improving the Services. This license terminates when you delete your User Content or account, except for content that has been shared with others or is retained for legal compliance.
4.3 User Representations
You represent and warrant that:
- You own or have the necessary rights to the User Content you submit
- Your User Content does not infringe any third party's intellectual property or privacy rights
- You have obtained any necessary consent from individuals depicted in screenshots or images
- Your User Content complies with all applicable laws and these Terms
4.4 Prohibited Conduct
You agree not to:
- Use the Services for any unlawful purpose or in violation of any laws
- Upload content that is illegal, harmful, threatening, abusive, harassing, defamatory, obscene, or otherwise objectionable
- Upload content depicting or involving minors in any inappropriate context
- Impersonate any person or entity or misrepresent your affiliation
- Use the Services to harass, stalk, or harm another person
- Upload malware, viruses, or other harmful code
- Attempt to gain unauthorized access to our systems or other users' accounts
- Use automated means to access the Services without our permission
- Reverse engineer, decompile, or disassemble any part of the Services
- Circumvent any access controls or usage limits
- Use the Services to send spam or unsolicited communications
- Resell, sublicense, or commercially exploit the Services without authorization
- Use the Services to develop competing products
- Interfere with or disrupt the Services or servers
4.5 Content Moderation
We reserve the right to review, remove, or disable access to any User Content that violates these Terms or is otherwise objectionable, without prior notice. We are not obligated to monitor User Content but may do so at our discretion.
5. Artificial Intelligence and Third-Party Services
5.1 AI-Generated Content
Important Disclaimer: Our Services use artificial intelligence to generate content, suggestions, and analysis. AI-generated content may not always be accurate, complete, or appropriate. You should independently verify any important information and use your own judgment when acting on AI suggestions.
You acknowledge and agree that:
- AI-generated content is provided "as is" without guarantees of accuracy
- AI suggestions for messages or communication strategies may not be suitable for every situation
- You are solely responsible for the messages you send and the actions you take
- AI analysis of conversations reflects algorithmic interpretation and may not accurately capture human nuance or intent
- We do not guarantee any specific outcomes from using our Services
5.2 Third-Party AI Services
Our Services utilize third-party AI providers, including OpenAI, to process content and generate responses. By using our Services, you acknowledge that your content may be processed by these third-party services in accordance with their respective terms and privacy policies. We are not responsible for the practices or policies of third-party service providers.
5.3 Third-Party Links and Services
The Services may contain links to third-party websites or services. We do not control and are not responsible for the content, privacy policies, or practices of third-party services. Your interactions with third-party services are governed by their respective terms.
6. Intellectual Property
6.1 Our Intellectual Property
The Services, including all content, features, functionality, software, designs, text, graphics, logos, and other materials (excluding User Content), are owned by Oyster AI or our licensors and are protected by copyright, trademark, patent, and other intellectual property laws.
6.2 Limited License
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal, non-commercial purposes. This license does not include the right to:
- Modify, copy, or create derivative works of the Services
- Use the Services for commercial purposes without authorization
- Remove or alter any proprietary notices
- Transfer or sublicense your rights
6.3 Feedback
If you provide feedback, suggestions, or ideas about the Services ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate such Feedback into our Services without any obligation to you.
7. Privacy
Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Services, you consent to our data practices as described in the Privacy Policy.
8. Disclaimers
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
To the fullest extent permitted by law, we disclaim all warranties, including but not limited to:
- Implied warranties of merchantability, fitness for a particular purpose, and non-infringement
- Warranties that the Services will be uninterrupted, error-free, secure, or virus-free
- Warranties regarding the accuracy, reliability, or completeness of any content
- Warranties that AI-generated content will be accurate, appropriate, or achieve desired results
- Warranties regarding the results of using the Services for communication or relationship purposes
You use the Services at your own risk. We do not guarantee that use of our Services will improve your relationships, communication skills, or dating success. The Services are intended as tools to assist communication, not as guarantees of any particular outcome.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
- IN NO EVENT SHALL OYSTER AI, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.
- OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.
- THE FOREGOING LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you. In such cases, our liability will be limited to the greatest extent permitted by law.
10. Indemnification
You agree to indemnify, defend, and hold harmless Oyster AI and its officers, directors, employees, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:
- Your violation of these Terms
- Your use of the Services
- Your User Content
- Your violation of any rights of another party
- Your violation of any applicable laws or regulations
- Any messages you send or actions you take based on our Services
11. Termination
11.1 Termination by You
You may terminate your account at any time by:
- Deleting your account through the App settings
- Contacting us at [email protected]
Note that canceling your subscription does not automatically delete your account. If you wish to delete your data, you must separately request account deletion.
11.2 Termination by Us
We may suspend or terminate your account and access to the Services at any time, with or without cause or notice, including if:
- You violate these Terms
- We believe your conduct may harm us, other users, or third parties
- We are required to do so by law
- We discontinue the Services
11.3 Effect of Termination
Upon termination:
- Your right to use the Services immediately ceases
- We may delete your account and User Content
- Provisions that by their nature should survive will remain in effect, including intellectual property rights, disclaimers, limitations of liability, and dispute resolution provisions
12. Dispute Resolution
12.1 Informal Resolution
Before initiating any formal dispute resolution process, you agree to first contact us at [email protected] to attempt to resolve the dispute informally. We will attempt to resolve the dispute within 30 days of receiving your notice.
12.2 Binding Arbitration
If we cannot resolve a dispute informally, you agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved by binding arbitration, rather than in court, except that either party may seek equitable relief in court for infringement of intellectual property rights.
12.3 Class Action Waiver
YOU AND OYSTER AI AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION.
12.4 Exceptions
Notwithstanding the above, either party may bring an individual action in small claims court for disputes within the court's jurisdiction.
13. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Florida, United States, without regard to its conflict of law provisions. To the extent that any lawsuit or court proceeding is permitted hereunder, you agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in Broward County, Florida.
14. General Provisions
14.1 Entire Agreement
These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and Oyster AI regarding the Services.
14.2 Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
14.3 No Waiver
Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
14.4 Assignment
You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.
14.5 Force Majeure
We shall not be liable for any failure or delay in performing our obligations due to causes beyond our reasonable control, including natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.
14.6 Notices
We may provide notices to you through the App, via email to the address associated with your account, or by other reasonable means. You may provide notices to us by contacting us at the addresses below.
15. Changes to Terms
We reserve the right to modify these Terms at any time. We will provide notice of material changes by:
- Posting the updated Terms in the App
- Updating the "Last Updated" date at the top of these Terms
- Sending a notification through the App or email for significant changes
Your continued use of the Services after any changes become effective constitutes acceptance of the revised Terms. If you do not agree to the updated Terms, you must stop using the Services and delete your account.
16. Apple-Specific Terms
If you are using our iOS App, the following additional terms apply:
- These Terms are between you and Oyster AI only, not with Apple Inc. ("Apple")
- Apple has no obligation to furnish any maintenance or support services for the App
- Apple is not responsible for any product warranties, whether express or implied
- Apple is not responsible for addressing any claims relating to the App or your use of it
- Apple is not responsible for the investigation, defense, settlement, or discharge of any third-party intellectual property claims
- Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance, Apple will have the right to enforce these Terms against you
- You represent that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and you are not on any U.S. Government prohibited or restricted parties list