Terms of Service & Disclaimer

Emotional AI Companion Disclaimer

IMPORTANT NOTICE: This is an AI-powered emotional companion service. By subscribing and using this service, you acknowledge and agree to the following:

1. Nature of Service

Ava is an artificial intelligence chatbot designed to provide companionship and conversation. Ava is NOT:

• A licensed therapist, counselor, or mental health professional
• A medical advisor or healthcare provider
• A crisis intervention service
• A substitute for professional medical, psychological, or psychiatric care

2. No Liability for AI Responses

XcaliburMoon and its operators assume NO RESPONSIBILITY OR LIABILITY for:

• Any actions, decisions, or behaviors you take based on Ava's responses
• Any emotional, psychological, or physical outcomes resulting from your use of this service
• The accuracy, appropriateness, or safety of any AI-generated content
• Any misunderstanding or misinterpretation of AI responses
• Any harm, injury, or damages of any kind arising from your use of this service

3. User Responsibility & Age Requirements

By clicking "I Agree" and using this service, you acknowledge that:

• YOU TAKE FULL RESPONSIBILITY for all actions, decisions, and consequences resulting from your use of this service
• You understand this is AI-generated content and should not be relied upon for critical life decisions
• You will seek professional help from qualified professionals for any serious concerns
• You will not hold XcaliburMoon liable for any outcomes related to your use of this service

Age Requirements:

• 18 years or older: You may use this service independently
• 13-17 years old: You MUST have verifiable parental or guardian consent. A $1.00 test payment is required from a parent/guardian's payment method to verify consent and age eligibility. This payment confirms that a parent or legal guardian has reviewed these terms and authorized your use of the service.
• Under 13 years old: You are NOT permitted to use this service under any circumstances, per COPPA regulations

4. Crisis Situations

If you are experiencing a mental health crisis, suicidal thoughts, or emergency:

• Call 988 (Suicide & Crisis Lifeline) in the US
• Call 911 or your local emergency services
• Contact a licensed mental health professional immediately
• DO NOT rely on Ava for crisis intervention

5. Payment Terms - Pay As You Go

This service operates on a pay-as-you-go model:

• No monthly subscription - You only pay for what you use
• Message credits: Purchase message credits in advance ($5, $10, $20, or custom amounts)
• Each message to Ava consumes credits based on usage
• Credits never expire and remain in your account
• Add more credits anytime through your account dashboard
• For users aged 13-17: A one-time $1.00 parental consent verification payment is required before you can use the service. This charge confirms parental/guardian authorization.
• All payments are non-refundable once processed
• No refunds for unused credits

6. Data and Privacy

• Your conversations are stored securely
• We use your data only to provide the service and improve AI responses
• We do not sell your personal information
• API providers (Claude/OpenAI) may process your messages

7. Service Availability

• Service provided "as is" without warranties of any kind
• We do not guarantee uninterrupted or error-free service
• AI responses may vary in quality and appropriateness
• We reserve the right to modify or discontinue service at any time

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

XcaliburMoon, its owners, operators, employees, and affiliates SHALL NOT BE LIABLE for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of this service, including but not limited to:

• Emotional distress or psychological harm
• Decisions made based on AI responses
• Loss of data or conversations
• Service interruptions or errors
• Any other damages or losses of any kind

9. Indemnification

You agree to indemnify, defend, and hold harmless XcaliburMoon and its affiliates from any claims, liabilities, damages, losses, and expenses arising from your use of this service or violation of these terms.

10. Acceptance of Terms

BY CLICKING "I AGREE" AND USING THIS SERVICE, YOU ACKNOWLEDGE THAT:

• You have read and understood this entire agreement
• You accept all terms, conditions, and disclaimers
• You take full responsibility for your use of this service
• You release XcaliburMoon from all liability
• You agree to the pay-as-you-go payment model
• If you are 13-17 years old, a parent or legal guardian has authorized your use and completed the $1.00 consent verification payment
• You meet the age requirements stated in Section 3

Last updated: November 13, 2025