Terms of Service

Welcome to Othermy!

We are delighted to have you here. These Terms of Service govern your access to and use of Othermy and the software, content, features, and services offered through our website www.othermy.com and its subdomains, our mobile applications Othermy for Android and Othermy for iOS, and any related technologies, APIs, or platforms we operate.

The terms "Othermy," "we," "us," or "our" refer to EDROIDA GÖRSEL TEKNOLOJİ HİZMETLERİ LTD. ŞTİ., a limited liability company organized under the laws of the Republic of Turkey, with its registered office located at PETROL İŞ MAH. AKGÜN SK. AHMET BEY APT NO: 46, İÇ KAPI NO: 1, KARTAL / İSTANBUL, TÜRKİYE.

1. OUR SERVICES

Othermy offers an advanced AI-powered personal companion service through text, voice, and multimedia interfaces. Our platform enables users to create a personalized digital persona ("Digital Copy" or "AI Persona") that learns from your communication style, preferences, and interactions.

1.1. Nature of Services

• AI Companion Creation: Building a Digital Copy that reflects your conversational style, tone, preferences, and personality
• Text and Voice Interaction: Real-time chat and voice communication with your AI Persona
• Memory and Continuity: Persistent memory features that enable your AI Persona to recall past conversations
• Emotional Wellbeing Tools: Features designed to support mood tracking, journaling, and self-reflection
• Personalization and Calibration: Calibration questionnaires, tone adjustments, and customization options
• Media Sharing: Ability to share images, voice notes, and other media with your AI Persona
• Premium Features: Advanced capabilities available through subscription tiers

1.2. Medical and Therapeutic Disclaimer

1.3. Emergencies and Crisis Situations

1.4. Age Restrictions

The Services are intended solely for individuals who are sixteen (16) years of age or older. If you are under 16, you are strictly prohibited from creating an account or using the Services.

2. ACCOUNTS, MEMBERSHIP, AND SUBSCRIPTIONS

2.1. Account Creation

To access the Services, you must create an account and provide accurate, current, and complete information. You agree to:

• Provide accurate information during registration
• Maintain and update your account information
• Not create accounts using false or fraudulent information
• Not create multiple accounts for abuse or fraud

2.2. Account Security

You are solely responsible for maintaining the confidentiality and security of your account credentials. You must immediately notify us at support@othermy.com of any unauthorized access or security breach.

You are fully responsible for all activities that occur under your account, whether authorized by you or not.

2.3. Subscription Tiers

Othermy offers multiple subscription tiers:

• Free Tier: Limited access to basic conversational AI and core functionality
• Othermy Plus: Expanded access to premium features including enhanced AI, extended memory, priority response times, and advanced personalization
• Othermy Pro: Full access to most advanced features including superior AI intelligence, maximum memory capacity, real-time video recognition, training mode, and priority support

Subscription fees are non-refundable except as expressly stated or required by law.

2.4. Automatic Renewal

Unless you cancel your subscription before the end of the current billing period, your subscription will automatically renew for successive periods and your payment method will be charged the then-current subscription fee.

2.5. Refund Policy

All sales are final. Subscription fees are non-refundable except as required by applicable law.

European Union Residents: You have the right to withdraw within 14 days of purchase. However, if you request immediate access and begin using premium features, you forfeit your right of withdrawal.

Users in Brazil: Applicable law may allow withdrawal within 7 days from signing or receipt of service.

3. ACCEPTABLE USE AND PROHIBITED CONDUCT

3.1. Prohibited Content

You agree NOT to upload, post, or share content that:

• Is illegal, fraudulent, or violates any law
• Infringes intellectual property or other legal rights
• Contains malware, viruses, or malicious code
• Constitutes spam or unsolicited advertising
• Is threatening, abusive, harassing, defamatory, or hateful
• Promotes violence, self-harm, suicide, or harm to others
• Is pornographic, sexually explicit, or obscene
• Depicts or promotes child exploitation
• Is harmful to minors in any way

3.2. Prohibited Activities

You may not:

• Interfere with or disrupt the Services or servers
• Attempt unauthorized access to any systems or accounts
• Use automated tools, bots, or scrapers without consent
• Reverse-engineer, decompile, or disassemble the Software
• Impersonate any person or entity
• Solicit personal information from minors
• Engage in fraudulent or deceptive practices
• Violate any third party's rights

4. INTELLECTUAL PROPERTY RIGHTS

4.1. Ownership

The Services, including all software, technology, algorithms, AI models, designs, content, trademarks, and materials are the exclusive property of EDROIDA GÖRSEL TEKNOLOJİ HİZMETLERİ LTD. ŞTİ. and protected by copyright, trademark, patent, and trade secret laws.

4.2. Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services solely for your personal, non-commercial use.

4.3. User Content License

You retain ownership of User Content you upload. However, by uploading User Content, you grant Othermy a non-exclusive, worldwide, royalty-free, fully paid-up, transferable, sublicensable, perpetual, and irrevocable license to:

• Use, reproduce, distribute, display, perform, modify, and create derivative works from your User Content
• Incorporate your User Content into the Services, including using it to train and improve AI models
• Use your User Content for promotional, marketing, research, and business purposes

4.4. DMCA Copyright Protection

We respect intellectual property rights. If you believe your work has been infringed, please send a DMCA notice to copyright@othermy.com with:

• Your signature (physical or electronic)
• Identification of the copyrighted work
• Identification of the infringing material and its location
• Your contact information
• A statement of good faith belief that use is unauthorized
• A statement, under penalty of perjury, that the information is accurate

5. DISCLAIMERS AND LIMITATIONS OF LIABILITY

6. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Othermy and EDROIDA from any claims, liabilities, damages, losses, costs, and expenses arising out of:

• Your use or misuse of the Services
• Your violation of these Terms
• Your violation of any law or third-party rights
• Your User Content
• Your interactions with other users

7. DISPUTE RESOLUTION AND ARBITRATION

7.1. Informal Resolution

Before initiating formal proceedings, you agree to contact us at support@othermy.com to attempt informal resolution. We will work to resolve disputes within 60 days.

7.2. Binding Arbitration

YOU AND OTHERMY AGREE THAT DISPUTES SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION, RATHER THAN IN COURT.

Exceptions include:

• Small claims court (if claims qualify)
• Injunctive relief for intellectual property
• Regulatory agency complaints

7.3. Waiver of Class Actions and Jury Trial

YOU AND OTHERMY WAIVE ANY RIGHT TO A JURY TRIAL AND ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE ACTION.

7.4. Governing Law

To the extent arbitration does not apply, judicial proceedings shall be brought exclusively in the courts of İstanbul, Turkey. If you are in the United States, you may alternatively bring claims in San Francisco, California.

8. APPLE APP STORE AND GOOGLE PLAY STORE

If you download the Apps through Apple App Store or Google Play Store:

• These Terms are between you and Othermy only, not with Apple or Google
• Apple and Google are not responsible for the Apps or Service Content
• The Apps are licensed on a limited, non-exclusive, non-transferable basis
• Apple and Google are third-party beneficiaries of these Terms
• Othermy (not Apple/Google) is responsible for addressing claims relating to the Apps
• You represent you are not in a country subject to US Government embargo

9. GENERAL PROVISIONS

9.1. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Othermy.

9.2. Amendments

We may modify these Terms at any time. Material changes will be notified via email or in-app notification. Continued use after changes constitutes acceptance.

9.3. Severability

If any provision is found invalid, it shall be modified to the minimum extent necessary or severed, with remaining provisions continuing in full force.

9.4. Assignment

You may not assign these Terms without our consent. We may freely assign or transfer these Terms without restriction.

9.5. Force Majeure

We shall not be liable for failure to perform due to causes beyond our reasonable control, including natural disasters, war, pandemics, or infrastructure failures.