Friend in the Cloud — Terms & Conditions

Version: 2.1 Last updated: September 12, 2026 Effective date: September 12, 2026

1. Acceptance of Terms

By accessing, registering for, or using the Friend in the Cloud platform ("FITC", "the Service", "we", "us", "our"), you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions ("Terms"), together with our Privacy Policy, AI Policy, and Disclaimer, each incorporated by reference.

If you do not agree to these Terms, you must immediately discontinue use of the Service.

These Terms constitute a legally binding agreement between you and Friend in the Cloud.

2. Description of the Service

Friend in the Cloud is an artificial intelligence-powered friend platform that provides access to AI-generated content, digital friends, educational summaries, marketplace-based user-created AI avatars, automation tools, and related services designed for personal reflection, emotional support, and business development.

The Service may evolve over time, and FITC reserves the right to modify, suspend, discontinue, or introduce new features at its sole discretion, with or without notice.

3. Eligibility

You represent and warrant that:

You are at least eighteen (18) years of age;
You possess the legal capacity to enter into a binding agreement;
Your use of the Service complies with all applicable laws and regulations in your jurisdiction;
You have not been previously suspended or terminated from the Service.

4. Account Registration and Security

To access certain features of the Service, you may be required to create an account. You agree to:

Provide accurate, current, and complete information;
Maintain and promptly update such information;
Maintain the confidentiality of your login credentials;
Be solely responsible for all activities conducted through your account;
Notify us immediately of any unauthorized use of your account;
Maintain only one (1) account per person. Creating multiple accounts to circumvent limits, free-tier allocations, or bans is prohibited.

FITC shall not be liable for any loss or damage arising from unauthorized use of your account.

4.1 Encryption Posture

Your conversation content and any friend memory derived from it are encrypted at rest with per-user keys held by FITC's key management service. Operational access to your encryption key is multi-party authorized and audit-logged. Some data — including your email address, password hash, subscription tier, public profile fields, audit logs, and conversation metadata — is intentionally not encrypted because it is needed for the platform to function. The full scope of what is and is not encrypted is described on our Privacy & Transparency page.

5. Subscription Plans and Payments

5.1 Plans available

Free plan: Limited daily interactions at no cost.
Evolve plan: $49.97 USD/month (or applicable weekly/annual pricing).
Ascend plan: $79.97 USD/month (or applicable weekly/annual pricing).
Marketplace friend subscriptions: Priced individually per creator offering.
Gintoz credit purchases: Priced per credit pack.

Current pricing is displayed on the Service at the time of purchase and may be updated. Changes to pricing take effect for new subscription periods.

5.2 Payment processing

All payments are processed by Stripe. FITC does not store payment card details.
Subscriptions renew automatically unless cancelled prior to the renewal date.
You may cancel at any time through your account settings; cancellation takes effect at the end of the current billing period.

5.3 Refunds

Refunds are considered on a case-by-case basis and may be limited by Stripe's dispute rules and applicable consumer protection law. Contact support@friendinthecloud.com for refund inquiries. For clones purchased through the Marketplace, separate refund provisions may apply as set out in Section 7.

6. Gintoz Platform Credits

6.1 Nature of Gintoz

Gintoz are internal, closed-loop platform credits that may be used exclusively within the FITC ecosystem for accessing features, services, and digital goods.

You acknowledge that Gintoz:

Have no monetary value outside the FITC ecosystem;
Are non-transferable between users except through official platform mechanics;
Cannot be redeemed, exchanged, or converted into any form of currency or financial instrument;
Do not constitute property, stored value, electronic money, cryptocurrency, securities, or any financial instrument;
Do not confer any ownership interest, equity right, profit share, dividend, or royalty entitlement in FITC;
May be modified in pricing, availability, or functionality by FITC at any time.

6.2 Gintoz as consideration for user contributions

Where FITC awards Gintoz credits or community badges in recognition of user contributions (including feedback, ideas, content, referrals, or marketplace participation), such awards constitute full and final consideration for such contributions, if any consideration is given. You acknowledge that Gintoz and badges have no cash value and do not constitute equity, revenue share, or profit participation.

6.3 Gintoz purchases are final

All purchases of Gintoz credit packs are final and non-refundable, except where required by applicable consumer protection law.

6.4 No affiliated tokens

FITC expressly disclaims any association with third-party tokens or cryptocurrencies claiming affiliation with the platform. Any such representations are unauthorized and fraudulent.

7. Marketplace (AI Avatars)

7.1 Creator eligibility

Only users on eligible subscription plans may list AI avatars ("Friends") for sale in the Marketplace. Listings may be subject to:

Minimum quality thresholds (e.g., minimum interaction count, minimum rating);
Compliance review by FITC;
Adherence to content guidelines.

For qualifying Marketplace transactions:

Creators receive 70% of subscription revenue generated by their listed Friends.
FITC retains 30% as platform fee.
Payouts are processed via supported payment providers (e.g., Stripe Connect, PayPal) when balances reach minimum thresholds set by FITC.

7.3 Clone ownership

When a user ("Buyer") purchases access to a Friend, they receive a fresh instance ("Clone") of the Friend at the creator's chosen growth stage. The Clone:

Evolves independently based on the Buyer's interactions;
Cannot be resold, transferred, or redistributed by the Buyer;
Does not receive post-purchase updates from the original creator's Friend.

Creators retain their original Friends. Buyers retain their Clones. Neither party may claim ownership or rights in the other's instance.

7.4 Marketplace refunds

Marketplace Clone purchases are subject to a 7-day satisfaction refund window. Graduated refund cooldowns may apply to users with repeat refund history, at FITC's discretion.

7.5 FITC curation rights

FITC reserves the right to remove, suspend, or refuse Marketplace listings that:

Violate these Terms, the AI Policy, or community guidelines;
Pose legal, regulatory, or reputational risk;
Infringe third-party rights;
Fall below quality standards.

8. User Content and Contributions

8.1 User Content definition

"User Content" includes any content, data, text, prompts, documents, images, avatars, conversations, or materials submitted, uploaded, or otherwise provided by you through the Service.

8.2 Ownership and license

You retain ownership of your User Content. By submitting User Content, you grant FITC a perpetual, irrevocable, worldwide, royalty-free, non-exclusive license to use, reproduce, modify, process, display, distribute, and otherwise utilize such content solely for the purpose of operating, improving, and providing the Service.

8.3 Representations and warranties

You represent and warrant that:

You own or have all necessary rights, licenses, and permissions to your User Content;
Your User Content does not infringe the rights of any third party;
Your User Content complies with these Terms and all applicable laws;
For any copyrighted materials uploaded as training material for user-created Friends, you affirm that you own the content or hold written license to redistribute it for training purposes.

8.4 FITC's content moderation rights

FITC does not endorse, control, or assume responsibility for User Content and shall not be liable to any third party for the content or accuracy thereof. FITC reserves the right, but is not obligated, to remove, delete, or modify any User Content at its sole discretion, with or without notice.

8.5 Insights

Members may publish links to video they host elsewhere. Video is not hosted by FITC and plays from the member's chosen provider. Members confirm at publish that they hold the rights to what they share, and the Insights rules form part of these terms. FITC may remove any video and may close a channel for repeated or serious breaches.

9. User Feedback and Ideas

9.1 Feedback license

If you submit ideas, suggestions, feature proposals, bug reports, or other feedback ("Feedback") to FITC, whether through the platform, Telegram groups, email, calls, or any other channel, you agree that:

Your Feedback is provided voluntarily;
Your Feedback is non-confidential;
Your Feedback is provided without expectation of compensation beyond any Gintoz credits or community badges FITC may award at its sole discretion;
You grant FITC a perpetual, irrevocable, worldwide, royalty-free, sub-licensable right to use, modify, implement, commercialize, and exploit such Feedback without restriction or obligation;
You waive any claims, including claims for compensation, ownership, equity, revenue share, royalty, or attribution arising from FITC's use of such Feedback.

9.2 Rewards are discretionary

FITC may, at its sole discretion, reward users with Gintoz credits, community badges, leaderboard recognition, or other platform-native acknowledgments for valuable Feedback. Such rewards constitute full and final consideration for the Feedback and do not create any contractual, financial, equity, or continuing obligation by FITC.

9.3 No employment or agency

Submitting Feedback does not create any employment, contractor, partnership, joint venture, or agency relationship between you and FITC.

10. AI Content and System Limitations

10.1 AI Content disclaimer

The Service utilizes artificial intelligence systems to generate content ("AI Content"). AI Content is produced algorithmically and may be:

Incomplete, inaccurate, or outdated;
Inconsistent across sessions or users;
Based on probabilistic generation processes;
Generated dynamically and non-uniquely.

FITC makes no representations or warranties regarding the accuracy, reliability, completeness, or suitability of AI Content.

10.2 Third-party references

Any references to books, authors, publications, or third-party works generated by the Service are provided as:

Transformative summaries;
Key insights;
Interpretations;
Educational commentary;
Generalized knowledge representations.

FITC does not reproduce, store, or distribute verbatim or substantially similar copies of copyrighted works. All intellectual property rights in referenced works remain with their respective owners.

10.3 No reliance

You acknowledge that AI outputs should not be relied upon without independent verification, and AI Content is not a substitute for original publications or professional consultation.

10.4 AI Policy governs AI-specific terms

Additional terms governing AI avatars, AI outputs, AI training, and related matters are set forth in the AI Policy, which is incorporated into these Terms by reference.

11. No Professional Advice and No Reliance

The Service and any AI Content:

Do not constitute legal, financial, medical, psychological, therapeutic, or other professional advice;
Are not a substitute for consultation with qualified professionals;
Are not designed for use in emergency, crisis, or safety-critical situations.

You acknowledge that any decisions made based on the Service are undertaken at your sole risk, and FITC shall not be liable for any consequences arising from reliance on AI Content or Service outputs.

For crisis support, please refer to the Disclaimer and the crisis resources listed therein.

12. Prohibited Uses

You agree not to use the Service to:

Violate applicable laws or infringe upon the rights of others;
Generate, distribute, or promote unlawful, harmful, abusive, harassing, defamatory, or fraudulent content;
Generate sexual content involving minors or sexual content without consent frameworks;
Attempt to reverse-engineer, decompile, disassemble, or otherwise extract source code, model weights, prompts, system architectures, or underlying methodologies;
Use the Service to develop, train, or improve competing AI systems or products;
Extract data, prompts, or outputs for competitive analysis;
Upload or transmit malicious code, viruses, or unauthorized data;
Impersonate any person or entity or misrepresent affiliations;
Engage in activity that interferes with or disrupts the Service;
Circumvent technical protections, rate limits, or access controls;
Use the Service for any commercial purpose not expressly permitted by these Terms without our written consent.

FITC reserves the right to suspend or terminate accounts engaged in prohibited conduct and to report unlawful activity to appropriate authorities.

13. Intellectual Property

13.1 FITC ownership

All content, software, technology, trademarks, service marks, logos, designs, models, AI systems, training methodologies, behavioral frameworks, Marketplace mechanics, Gintoz credit systems, and associated intellectual property (collectively, "FITC IP") are owned by FITC or its licensors.

Except for the limited rights expressly granted herein, no rights in FITC IP are transferred to you.

13.2 User licenses

Subject to your compliance with these Terms, FITC grants you a limited, non-exclusive, revocable, non-transferable license to:

Access and use the Service for personal use (and commercial use where expressly permitted);
Use AI Outputs generated for you, subject to the AI Policy.

13.3 Trademarks

"Friend in the Cloud," "FITC," "Gintoz," and associated logos are trademarks of FITC. You may not use these marks without prior written consent.

14. Third-Party Services

The Service integrates with third-party services including but not limited to:

Stripe (payment processing);
DeepSeek, xAI (Grok), Anthropic, OpenAI, Groq and Mistral (AI model providers);
Deepgram and ElevenLabs (speech-to-text and text-to-speech);
Leonardo and Replicate (image generation);
Tavily (web search) and Supadata (video transcripts);
Resend (email delivery) and Twilio (SMS and WhatsApp);
Supabase (database infrastructure);
Vercel (hosting infrastructure).

The Privacy Policy sets out what each of these receives, and which of them can see what you write.

Your use of these third-party services may be subject to their respective terms and privacy policies. FITC is not responsible for the conduct of third-party services beyond our integration with them.

15. Service Availability

The Service is provided on an "as is" and "as available" basis. FITC does not guarantee uninterrupted, error-free, or continuously available operation.

FITC shall not be liable for any interruptions, delays, data loss, or failures resulting from:

Scheduled maintenance;
Third-party service outages;
Force majeure events;
Your internet connectivity or device issues;
Any other matters beyond our reasonable control.

16. Legal Process and Data Demands

FITC complies with valid legal orders. Under FITC's current encryption architecture, FITC can technically decrypt user content if compelled by a valid order, and will do so only in response to such an order. FITC does not voluntarily share user content with third parties, and does not sell user data.

FITC is building toward an end-state architecture in which only the user holds the key to their encrypted data, in which case FITC will not be able to decrypt user content under any compulsion. That work is ongoing. FITC's public-facing description of the current and future encryption architecture is maintained on the Privacy & Transparency page.

17. Limitation of Liability

17.1 No warranty

To the maximum extent permitted by law, the Service is provided without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, and accuracy of AI outputs.

17.2 Cap on damages

To the maximum extent permitted by law, FITC's total aggregate liability for any claims arising out of or relating to these Terms or the Service shall not exceed the greater of:

(a) The total amount you have paid to FITC in the twelve (12) months preceding the claim; or
(b) One hundred US dollars (USD $100).

17.3 Excluded damages

In no event shall FITC be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including but not limited to loss of profits, revenue, data, or goodwill, even if advised of the possibility of such damages.

17.4 Consumer law rights

Nothing in these Terms limits or excludes any rights you may have under mandatory consumer protection laws in your jurisdiction (including Australian Consumer Law, Thai consumer protection law, or EU consumer law where applicable).

18. Indemnification

You agree to indemnify, defend, and hold harmless FITC, its founders, officers, employees, contractors, and affiliates from any claims, damages, losses, liabilities, costs, or expenses (including reasonable legal fees) arising from:

Your use of the Service;
Your violation of these Terms;
Your violation of any third-party rights;
Your User Content;
Your Feedback;
Any content uploaded by you as training material for user-created Friends.

19. Termination

19.1 Termination by FITC

FITC reserves the right to suspend, restrict, or terminate your account and access to the Service at any time, with or without notice, for:

Violations of these Terms, the AI Policy, or community guidelines;
Legal, regulatory, security, or reputational risk;
Non-payment of fees;
Extended inactivity;
Any reason at FITC's reasonable discretion.

19.2 Termination by you

You may terminate your account at any time through your account settings or by contacting support. Termination takes effect at the end of the current billing period (for paid subscribers) or immediately (for free-tier users).

19.3 Effects of termination

Upon termination:

Your access to the Service ceases;
Subject to our Privacy Policy, your personal data and conversations will be deleted within 30 days;
Any Gintoz credits remaining in your account are forfeited;
Sections of these Terms that by their nature survive termination (including Sections 6-13, 15-18, 20-23) continue to apply.

19.4 Special provisions for founding beta testers

Users designated as "founding beta testers" under specific separate arrangements established prior to public launch retain any specific benefits extended to them under those arrangements, subject to the terms of the separate arrangement.

20. Governing Law and Dispute Resolution

20.1 Primary governing law

These Terms shall be governed by and construed in accordance with the laws of Thailand, without regard to its conflict of law principles.

20.2 Jurisdiction

Subject to Section 20.3, any disputes arising out of or relating to these Terms or the Service shall be submitted to the exclusive jurisdiction of the courts of Chiang Mai, Thailand.

20.3 User rights in other jurisdictions

For users located in:

Australia: You retain rights under Australian Consumer Law, including guarantees that cannot be excluded. Proceedings may be brought in Australian courts where required by law;
European Economic Area / United Kingdom: You retain rights under GDPR and applicable consumer protection directives. Proceedings may be brought in the courts of your jurisdiction where required by law;
United States: [To be determined based on user base and legal review — provisional note];
Other jurisdictions: Mandatory consumer protection laws of your jurisdiction may apply notwithstanding this Section 20.

20.4 Alternative dispute resolution

Before commencing formal proceedings, the parties agree to attempt to resolve disputes through good-faith negotiation, including direct communication with FITC at support@friendinthecloud.com.

21. Changes to These Terms

FITC reserves the right to modify these Terms at any time. Material changes will be communicated by:

Email notification to registered users;
In-app notification upon next login;
Update to the "Last Updated" date at the top of these Terms.

Continued use of the Service after notice of changes constitutes acceptance of the updated Terms. If you do not agree to the updated Terms, you must discontinue use of the Service.

22. Miscellaneous

22.1 Entire agreement

These Terms, together with the Privacy Policy, AI Policy, and Disclaimer, constitute the entire agreement between you and FITC regarding the Service and supersede all prior agreements and understandings, except for specific separate written arrangements with designated beta testers or enterprise customers.

22.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.

22.3 No waiver

FITC's failure to enforce any provision shall not constitute a waiver of that provision.

22.4 Assignment

You may not assign your rights under these Terms without FITC's prior written consent. FITC may assign these Terms to any successor entity, including in connection with a merger, acquisition, or sale of assets.

22.5 Force majeure

Neither party shall be liable for delays or failures in performance resulting from causes beyond reasonable control, including acts of God, natural disasters, war, terrorism, pandemic, government action, or infrastructure failures.

22.6 No class actions

To the maximum extent permitted by law, you agree that any disputes shall be brought solely in your individual capacity and not as part of any class, collective, or representative action.

22.7 Language

These Terms are written in English. Any translations are provided for convenience only; the English version shall govern in case of conflict.

23. Contact

For questions, notices, or concerns regarding these Terms:

Email: support@friendinthecloud.com Contact page: https://friendinthecloud.com/contact

By continuing to use Friend in the Cloud, you acknowledge that you have read, understood, and agreed to these Terms and Conditions.

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