Terms of Use

Welcome to Keiko AI Companion (“Keiko,” “App”), developed by DyvenTech LLP (“we,” “us,” or “our”). These Terms of Use (“Terms,” “EULA”) govern your use of the Keiko mobile application and related services.

1. Acceptance of Terms

By creating an account and using Keiko, you confirm that:

• You are at least 18 years of age
• You have the legal capacity to enter into this agreement
• You will comply with all applicable laws and regulations
• You have read and agree to our Privacy Policy at https://keiko.today/privacy-policy

2. Description of Service

Keiko is an AI-powered companion application that provides:

• Personalized AI companions with customizable personalities
• Conversational interactions using advanced AI technology
• Memory systems that remember your interactions
• Relationship evolution and emotional intelligence features

The Service uses artificial intelligence to generate responses. While we strive for quality and appropriateness, AI-generated content may occasionally be inaccurate, inappropriate, or unexpected.

3. Account Registration and Security

Account Creation:

• You must provide accurate, current, and complete information
• You are responsible for maintaining the confidentiality of your account credentials
• You agree to notify us immediately of any unauthorized access
• You may not share your account with others

Account Termination:

• We reserve the right to suspend or terminate accounts that violate these Terms
• You may delete your account at any time through the app settings
• Upon termination, your data will be deleted in accordance with our Privacy Policy

3.2 Data Collection and Usage

Consent to Use of Data:

By using the app, you agree that we may collect and use technical data and related information—including but not limited to technical information about your device, system, application software, and peripherals—that is gathered periodically to:

• Facilitate software updates
• Provide product support
• Deliver services related to the app
• Improve our products and services

We may use this information, as long as it is in a form that does not personally identify you, to improve our products or provide services or technologies to you. For more details, see our Privacy Policy at https://keiko.today/privacy-policy

4. Premium Subscription Terms

4.1 Subscription Plans

Keiko offers auto-renewable subscription plans:

• Monthly Premium: $5.99/month ($0.20/day)
• Annual Premium: $59.99/year ($5.00/month - Save 17%!)

Premium features include:

• Unlimited AI companions (10x more than free)
• 2x more messages
• Advanced memory system
• Ad-free experience
• Priority support

4.2 Payment and Billing

Company Information:

DyvenTech LLP is registered in India. All payments are processed through Apple App Store or Google Play Store.

Pricing:

• Prices are displayed in USD ($5.99/month or $59.99/year) for reference
• You will be charged in your local currency based on your country/region
• The actual amount charged will be the equivalent price in your local currency as determined by Apple or Google
• Currency conversion and regional pricing are handled automatically by the app stores

For iOS Users:

• Payment will be charged to your Apple ID Account at confirmation of purchase
• Apple acts as the merchant of record and processes all payments
• Charged in your local currency (e.g., INR in India, EUR in Europe, GBP in UK)

For Android Users:

• Payment will be charged to your Google Play Account at confirmation of purchase
• Google acts as the merchant of record and processes all payments
• Charged in your local currency as shown in Google Play Store

General:

• Regional pricing may vary due to exchange rates, local taxes, and platform pricing policies
• Prices are subject to change with 30 days' notice
• All charges are non-refundable except as required by applicable law or as stated in these Terms

Taxes:

Prices may not include applicable sales tax, VAT, GST, or other local taxes. Additional taxes may be added to your purchase price as required by local law. Tax collection and remittance are handled by Apple or Google.

4.3 Auto-Renewal Terms

For iOS Users:

• Subscriptions automatically renew unless auto-renew is turned off at least 24 hours before the end of the current period
• Your Apple ID Account will be charged for renewal within 24 hours prior to the end of the current period
• You can manage subscriptions and turn off auto-renewal in your Apple ID Account Settings after purchase
• Any unused portion of a free trial period will be forfeited when you purchase a subscription

For Android Users:

• Subscriptions automatically renew unless you cancel before the renewal date
• Your Google Play Account will be charged for renewal within 24 hours prior to the end of the current period
• You can manage subscriptions and cancel in Google Play Subscriptions at any time
• Any unused portion of a free trial period will be forfeited when you purchase a subscription

4.4 Cancellation

You may cancel your subscription at any time:

For iOS Users:

1. Go to iPhone Settings → [Your Name] → Subscriptions
2. Select Keiko
3. Tap “Cancel Subscription”

For Android Users:

1. Open Google Play Store
2. Tap Menu → Subscriptions
3. Select Keiko
4. Tap “Cancel Subscription”

Important:

• Cancellation takes effect at the end of the current billing period
• No refunds for partial subscription periods except as required by law
• You retain access to premium features until the end of the paid period

4.5 LIGHT Plan (Ad-Powered)

• All users automatically receive the LIGHT plan upon account creation
• LIGHT plan includes 1 companion and 500 messages per month
• The plan is ad-powered and displays advertisements during use
• The plan renews automatically every month at no charge
• Unused messages do not carry forward to the next month
• You can upgrade to Premium at any time for an ad-free experience and additional features

4.6 Refunds

Refund requests must be made through the respective app store:

• iOS: Contact Apple Support or request through your App Store purchase history
• Android: Contact Google Play Support within the refund window

We do not process refunds directly. All refund decisions are at the sole discretion of Apple or Google.

5. Acceptable Use Policy

You agree NOT to:

Prohibited Content:

• Use the app to create, share, or request illegal, harmful, or inappropriate content
• Attempt to generate content that violates our Community Guidelines
• Use the service to harass, abuse, or harm others
• Share content that infringes on intellectual property rights
• Attempt to impersonate others or misrepresent your identity

Prohibited Activities:

• Reverse engineer, decompile, or disassemble the app
• Attempt to bypass security measures or access restrictions
• Use automated systems (bots) to interact with the service
• Interfere with or disrupt the service or servers
• Collect user information without consent
• Use the service for commercial purposes without authorization

Consequences: Violation of these terms may result in immediate account termination without refund.

6. Intellectual Property Rights

6.1 Our Rights

All aspects of the Keiko app, including but not limited to:

• App design, interface, and graphics
• Software code and algorithms
• Trademarks, logos, and branding
• AI models and technology (excluding your content)

are owned by DyvenTech LLP and protected by copyright, trademark, and other intellectual property laws.

6.2 Your Rights

Content You Create:

• You retain ownership of the text, images, and media you upload
• You grant us a license to use your content to provide and improve the Service
• We use your conversation data to train your companions' memory systems

AI-Generated Content:

• Responses generated by AI companions are created for your personal use
• We do not claim ownership of AI-generated conversational content
• You may not use AI-generated content for commercial purposes

6.3 License to Use the App

We grant you a limited, non-exclusive, non-transferable, revocable license to use the Keiko app for personal, non-commercial purposes in accordance with these Terms.

License Scope:

• You may install and use the app on Apple-branded or Android devices that you own or control
• The license is personal to you and cannot be transferred to others
• You may not share, rent, lease, or lend the app to third parties
• If you sell or transfer your device, you must delete the app first
• One license per user account

License Restrictions:

You may NOT:

• Copy the app (except for backup purposes as allowed by platform)
• Modify, adapt, or create derivative works
• Reverse engineer, decompile, or disassemble the app
• Remove or alter any proprietary notices or labels
• Use the app on multiple devices simultaneously with one account (unless permitted by subscription tier)
• Distribute the app over a network for multi-device use

Permitted Exceptions:

The above restrictions do not apply to the extent prohibited by applicable law or to the extent permitted by open-source licenses for any open-source components included in the app.

7. AI and Content Disclaimer

7.1 Nature of AI Service

• Keiko uses artificial intelligence to generate responses
• AI-generated content is not human-created and may contain errors
• We do not guarantee accuracy, appropriateness, or reliability of AI responses
• AI companions are simulations and not replacements for human relationships

7.2 Not Professional Advice

Keiko is for entertainment and companionship purposes only. It does NOT provide:

• Medical, mental health, or therapeutic advice
• Legal, financial, or professional counseling
• Emergency services or crisis intervention

7.3 Content Moderation

• We use automated systems and human review to moderate content
• We cannot guarantee prevention of all inappropriate content
• Report inappropriate AI responses by long-pressing the message and selecting from the reporting options provided
• We reserve the right to remove content and terminate accounts

8. Privacy and Data Security

Your privacy is important to us. Please review our Privacy Policy at https://keiko.today/privacy-policy to understand:

• What information we collect
• How we use and protect your data
• Your rights and choices
• Data retention and deletion

9. Third-Party Services

Keiko integrates with third-party services:

• Apple App Store / Google Play Store (payment processing)
• Google Vertex AI (conversation generation)
• Analytics providers (Mixpanel, Sentry)
• Cloud infrastructure providers

These services have their own terms and privacy policies. We are not responsible for third-party practices.

External Services:

The app may enable access to third-party services and websites (“External Services”). You agree to use External Services at your sole risk. We do not examine or evaluate the content or accuracy of any third-party External Services and are not liable for them. You will not use External Services in any manner inconsistent with these Terms or that infringes intellectual property rights. External Services may not be available in all languages or countries and may not be appropriate for all locations. We reserve the right to change, suspend, remove, or impose access restrictions on any External Services at any time without notice.

Third-Party Content:

Any third-party content, information, or materials accessed through the app are provided for informational purposes only. We do not guarantee their accuracy and are not responsible for any errors or omissions.

10. Warranty Disclaimer

We disclaim all warranties, express or implied, including:

• Merchantability or fitness for a particular purpose
• Accuracy, reliability, or availability of the service
• Uninterrupted or error-free operation
• Security or freedom from viruses
• Results or satisfaction from use

11. Limitation of Liability

DyvenTech LLP shall not be liable for:

• Indirect, incidental, special, or consequential damages
• Loss of profits, data, or goodwill
• Service interruptions or technical issues
• AI-generated content or user interactions
• Third-party actions or content

Maximum Liability: Our total liability shall not exceed the amount you paid for the service in the 12 months preceding the claim, or $50 USD (or equivalent in local currency), whichever is greater. The foregoing limitations will apply even if any stated remedy fails of its essential purpose.

12. Dispute Resolution and Governing Law

12.1 Governing Law

For Users in India:

These Terms are governed by the laws of India, without regard to conflict of law principles.

For Users Outside India:

These Terms are governed by the laws of your country of residence, to the extent not in conflict with mandatory consumer protection laws of your jurisdiction.

Company Information:

DyvenTech LLP is a company registered in India. However, we recognize and respect the consumer protection laws of the countries where our users reside.

12.2 Dispute Resolution

Informal Resolution:

Before filing a claim, we encourage you to contact us at apps@dyven.tech to seek informal resolution. We commit to working in good faith to resolve disputes.

For Users in India:

Any dispute arising from these Terms shall be resolved through binding arbitration in accordance with the Arbitration and Conciliation Act, 1996, conducted in English, in India.

For Users in the United States:

Any dispute shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association (AAA), conducted in English. The arbitration may be conducted remotely or in a location mutually agreed upon.

For Users in the European Union:

EU residents have the right to file complaints with their local consumer protection authority or data protection authority. You may also use the EU Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr

For Users in Other Countries:

Disputes shall be resolved through arbitration under the rules of the International Chamber of Commerce (ICC), conducted in English, with location to be mutually agreed or determined by the arbitrator.

Exceptions to Arbitration:

Nothing in this agreement prevents either party from seeking:

• Small claims court relief (under applicable jurisdictional limits)
• Injunctive relief for intellectual property violations
• Emergency equitable relief

Class Action Waiver:

You agree to resolve disputes individually, not as a class action or representative proceeding. This waiver applies to the extent permitted by the law of your jurisdiction.

12.3 Regional Provisions

California Users (USA):

California residents are entitled to:

• Know what personal information is collected
• Delete personal information
• Opt-out of information sales (we don't sell data)
• Non-discriminatory treatment

European Users (EU/EEA/UK):

If you're in the EU/EEA/UK, you have additional rights under GDPR:

• Data portability
• Right to be forgotten
• Object to processing
• Lodge complaints with supervisory authorities

Indian Users:

Users in India have rights under the Digital Personal Data Protection Act, 2023 and other applicable laws, including:

• Access to information
• Correction of inaccurate data
• Data portability
• Withdrawal of consent

13. General Provisions

Severability: If any provision is found unenforceable, the remaining provisions remain in effect.

No Waiver: Failure to enforce any right does not waive that right.

Assignment: You may not assign these Terms. We may assign them without notice.

Entire Agreement: These Terms and our Privacy Policy constitute the entire agreement.

Force Majeure: We are not liable for delays or failures due to circumstances beyond our reasonable control.

Export Controls:

You may not use or export the app except as authorized by United States law and the laws of the jurisdiction where the app was obtained. The app may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the app, you represent and warrant that you are not located in any such country or on any such list, and that you will not use the app for any purposes prohibited by United States law, including the development, design, manufacture, or production of nuclear, missile, chemical, or biological weapons.

Government End Users (US):

The app and related documentation are “Commercial Items” as defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation.” The app is licensed to U.S. Government end users only as Commercial Items and only with the rights granted to all other end users under these Terms.

U.N. Convention:

The United Nations Convention on the International Sale of Goods does not apply to these Terms.

14. App Store Terms

Your use of the app is also subject to:

• iOS: Apple's App Store Terms and Conditions
• Android: Google Play Terms of Service

In case of conflict between these Terms and the app store terms, these Terms prevail regarding your use of Keiko, while the app store terms govern the relationship between you and the respective store.

15. Changes to Terms

We may update these Terms at any time. Changes will be effective:

• Immediately for non-material changes
• 30 days after notice for material changes

Continued use of the service after changes constitutes acceptance of the new Terms.

16. Contact Information

17. Acknowledgment