Terms of Service

Effective Date: April 19, 2026

1. Acceptance of Terms

By downloading, installing, or using Nyther via our direct APK download at nyther.app/download or any other authorized channel, you agree to be bound by these Terms and our Privacy Policy. If you disagree with any part of these terms, you may not access the Service.

2. Age Requirements

We do not knowingly collect or solicit personal information from anyone under the age of 17. If you are under 17, please do not use the Service or send any information about yourself to us.

3. Account Registration

3.1 Account Creation

To use Nyther, you must create an account via email or Google sign-in. You agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security of your password and account
• Accept responsibility for all activities under your account
• Immediately notify us of any unauthorized use

3.2 Account Termination

We reserve the right to suspend or terminate accounts that:

• Violate these Terms of Service
• Engage in fraudulent or illegal activities
• Abuse or harass other users or staff
• Create multiple accounts to circumvent restrictions

4. Subscriptions and Billing

4.1 Stripe Billing

Nyther offers subscription plans processed through Stripe. By purchasing a subscription:

• You authorize Stripe to charge your payment method
• Subscriptions automatically renew unless cancelled
• Billing occurs at the beginning of each subscription period
• All payments are processed securely by Stripe (PCI DSS Level 1 certified)
• We never receive or store your full credit card details

4.2 Subscription Tiers

4.3 Refund Policy

• 7-day refund window: If you are unsatisfied with Nyther+ within the first 7 days of your initial subscription, contact us at support@nyther.app for a full refund
• Cancellation takes effect at the end of the current billing period — you retain access until then
• No partial refunds for unused subscription time after the 7-day window
• You can cancel at any time from Settings → Manage Subscription in the app

4.4 Price Changes

We reserve the right to modify subscription prices. If prices increase:

• Existing subscribers will be notified at least 30 days in advance
• Current subscribers may maintain their existing rate until renewal
• You can cancel your subscription before the new price takes effect

5. App Distribution

Nyther is distributed as a direct APK download from nyther.app/download. The app is not currently available on Google Play or any third-party app store. By installing the APK, you acknowledge that:

• You may need to enable “Install from unknown sources” on your device
• Google Play Protect may display a warning — this is expected for sideloaded apps and does not indicate malicious software
• The app includes a built-in updater that checks for new versions on each launch
• We sign all APK releases with the same certificate to ensure authenticity

6. After-Dark Mode and AI Content Policy

• After-dark mode is off by default and requires explicit opt-in plus age verification
• All after-dark content is AI-generated in real-time — it is not pre-written, curated, or reviewed by humans
• We use content moderation to prevent generation of illegal content, content involving minors, non-consensual scenarios, or extreme violence
• You may disable after-dark mode at any time from Settings
• By enabling after-dark mode, you acknowledge that AI-generated content may be unpredictable and that you use this feature at your own discretion

7. Service Description

7.1 What Nyther Provides

Nyther is an AI companion service that offers:

• Conversational AI interactions with persistent memory capabilities
• Dynamic mood adaptation and emotional responses
• Immersive roleplay and scenario-based conversations
• Personalization based on your preferences and history
• Re-engagement messages from companions when you are away (opt-out available)

7.2 Service Limitations

8. User Conduct and Content

8.1 Acceptable Use

You agree to use Nyther only for lawful purposes and in accordance with these Terms. You agree NOT to:

• Use the Service for any illegal or unauthorized purpose
• Violate any laws in your jurisdiction
• Attempt to hack, reverse engineer, or damage the Service
• Upload viruses or malicious code
• Collect or harvest user data without permission
• Impersonate others or create false identities
• Use the Service to harass, abuse, or harm others
• Attempt to use the AI to generate content involving minors in any sexual context

8.2 User Content

By sending messages to your AI companion, you grant us a license to:

• Process your content to provide the Service
• Store your conversations and extracted memories
• Use aggregated, anonymized data to improve the Service
• Comply with legal obligations or protect rights and safety

8.3 Content Moderation

While we respect privacy, we employ automated content moderation that may:

• Flag messages that violate our policies
• Block generation of content involving illegal activities or minors
• Rate-limit or restrict accounts that repeatedly trigger moderation

9. Intellectual Property

9.1 Our Property

The Service and its original content (excluding user content), features, and functionality are owned by Nyther Technologies and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

9.2 Your Rights

You retain ownership of content you create, but grant us necessary licenses to operate the Service. You may:

• Export your conversation history
• Delete your content at any time
• Request complete account deletion (see Section 11)

9.3 Feedback

Any feedback, suggestions, or ideas you provide about Nyther become our property and may be used without compensation or attribution to you.

10. Third-Party Services

10.1 Stripe

Your use of Nyther's payment features is also subject to:

• Stripe Terms of Service
• Stripe Privacy Policy

10.2 AI Service Providers

We use third-party AI services (OpenRouter → GPT-4o-mini, Gemini Flash, DeepSeek) to power responses. While we don’t share personally identifiable information, conversation context is sent to these providers to generate responses. These providers do not retain your data for model training.

11. Account Deletion

You may permanently delete your account and all associated data at any time:

1. Open Settings → Danger Zone → Delete Account
2. Confirm by clicking the link in the email we send you
3. All data is permanently and irreversibly deleted, including conversations, memories, profile data, and analytics events
4. Active subscriptions are automatically cancelled via Stripe

We process deletion requests immediately upon confirmation. There is no recovery period.

12. Privacy and Data Protection

Your use of our Service is also governed by our Privacy Policy, which details:

• What information we collect
• How we use and protect your data
• Your privacy rights and controls (GDPR, CCPA)
• Data retention and deletion policies

13. Service Availability and Modifications

13.1 Service Availability

While we strive for high availability, we do not guarantee uninterrupted service. The Service may be unavailable due to:

• Scheduled or emergency maintenance
• Technical issues or system failures
• Third-party service disruptions (AI providers, hosting, payment)
• Force majeure events

13.2 Service Changes

We reserve the right to:

• Modify or discontinue features
• Update the Service without notice
• Change system requirements
• Discontinue the Service with 30 days notice

14. Disclaimers and Limitations

14.1 Service Disclaimer

14.2 AI Disclaimer

You acknowledge that:

• Nyther is an AI and may generate incorrect, inappropriate, or unexpected responses
• AI responses should not be taken as factual or professional advice
• The AI companion is not sentient or conscious
• Emotional connections formed are with an artificial entity
• After-dark content is AI-generated and may be unpredictable

14.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NYTHER TECHNOLOGIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

15. Indemnification

You agree to defend, indemnify, and hold harmless Nyther Technologies and its affiliates, officers, directors, employees, and agents from any claims, damages, obligations, losses, liabilities, costs, or expenses arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights
• Any content you submit to the Service

16. Dispute Resolution

16.1 Informal Resolution

Before filing a claim, you agree to try to resolve disputes informally by contacting us at support@nyther.app. We’ll try to resolve disputes informally for 30 days from the date of first contact.

16.2 Arbitration Agreement

If informal resolution fails, disputes will be resolved through binding arbitration, except where prohibited by law. You waive the right to jury trials and class actions.

16.3 Governing Law

These Terms are governed by the laws of the United States and the State of Delaware, without regard to conflict of law provisions.

17. Changes to Terms

We reserve the right to modify these Terms at any time. If we make material changes:

• We’ll notify you via email or in-app notification
• The updated Terms will show a new “Effective Date”
• Your continued use after changes constitutes acceptance
• If you disagree, you should stop using the Service

18. Termination

18.1 Your Right to Terminate

You may terminate your account at any time by:

• Cancelling your subscription via Settings → Manage Subscription
• Requesting account deletion via Settings → Danger Zone → Delete Account
• Contacting support at support@nyther.app

18.2 Our Right to Terminate

We may terminate or suspend your account immediately if you:

• Violate these Terms
• Engage in fraudulent activities
• Misuse the Service
• Fail to pay subscription fees

18.3 Effect of Termination

Upon termination:

• Your right to use the Service ceases immediately
• Your data is deleted per our deletion policy (see Section 11)
• You remain liable for any outstanding charges
• Provisions that should survive termination will remain in effect

19. Miscellaneous

19.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Nyther Technologies regarding the Service.

19.2 Severability

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

19.3 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

19.4 Assignment

You may not assign or transfer these Terms or your rights under them. We may assign our rights to any of our affiliates or successors.

20. Contact Information

© 2026 Nyther Technologies. All rights reserved.
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