Terms of Service

Welcome to Exoria! These Terms of Service (“Terms”) govern your access to and use of the Exoria mobile application, website (exoria.app), and any related services (collectively, the “Services”), which are owned and operated by Exoria LLC (“Exoria”, “we”, “us”, or “our”).

Please read these Terms carefully. By creating an account, accessing, or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not use our Services.

1. Our Services

Exoria provides a creative playground where you can design, chat with, and share AI-powered characters (“AI Characters”), generate images and videos (“Generated Media”), collaborate with others on visual boards (“Boards”), and interact in shared spaces (“Groups”). The Services utilize advanced third-party generative artificial intelligence models to bring your ideas to life.

You understand and agree that the Services are provided for entertainment purposes. The output from AI models can be unpredictable and may sometimes be inaccurate, incomplete, or offensive.

2. Eligibility and Accounts

You must be at least 13 years old to use the Services. The Exoria app has an age rating of 12+ on the Apple App Store, which may include access to content with mature themes.

When you create an account, you agree to:

• Provide accurate and current information
• Maintain the security of your password and accept all risks of unauthorized access to your account
• Promptly notify us if you discover or suspect any security breaches
• Be solely responsible for all activity conducted through your account

3. User-Generated Content

Our Services allow you to create, upload, post, and store content, including AI Character personalities, text prompts, chat messages, images, videos, and other materials (collectively, “User Content”).

Ownership

You retain any ownership rights you have in your original contributions to User Content, such as the text prompts you write. Subject to these Terms and the terms of any applicable third-party AI providers, you own the Generated Media you create using the Services.

License to Exoria

To operate and promote the Services, you grant Exoria a perpetual, irrevocable, worldwide, royalty-free, non-exclusive, sublicensable, and transferable license to use, host, store, display, reproduce, modify, adapt, edit, publish, and distribute your User Content. This license is for the limited purposes of:

• Operating, providing, and improving the Services
• Displaying your User Content to other users in shared contexts (e.g., in a Group you belong to)
• Featuring your User Content for promotional purposes, with attribution to you
• Training our own models and improving our platform’s safety and functionality

Responsibility

You are solely responsible for your User Content and for any harm or liability arising from it. You represent and warrant that you have all necessary rights to your User Content and that its use by you and us will not infringe on the rights of any third party or violate any laws.

4. Content and Conduct Guidelines

You agree not to post, create, or share any User Content that:

• Is illegal, defamatory, hateful, harassing, threatening, or obscene
• Infringes on any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party
• Contains private information of any third party without their consent
• Contains viruses, corrupted data, or other harmful or disruptive files
• Is designed to “jailbreak,” exploit, or bypass the safety measures of the underlying AI models

You also agree not to:

• Use the Services for any illegal or unauthorized purpose
• Reverse engineer, decompile, or disassemble any aspect of the Services
• Use any data mining, robots, or similar data gathering methods
• Sell, resell, or commercially use the Services without our prior written consent
• Artificially manipulate statistics, ratings, or other metrics on the platform

We reserve the right, but are not obligated, to monitor, screen, and remove User Content at our sole discretion and without notice.

5. Mature Content

Some User Content may be unsuitable for all audiences. If you create content that could be considered mature (including but not limited to suggestive themes or mild violence), you may be required to label it as “Mature Content.” We reserve the right to apply this label to any content we deem appropriate. Mature Content may be hidden from users who have opted not to view it.

6. Groups and Collaboration

When you share User Content within a Group, you grant other members of that Group the right to view and, depending on permissions, interact with that content. You are responsible for the content you share in collaborative spaces. Exoria is not responsible for actions taken by other users with respect to your shared content.

7. Payments, Subscriptions, and Credits

The Services may be free or we may offer paid features, subscriptions, or consumable credits (“Purchases”).

• All Purchases are processed through the Apple App Store and are subject to its terms and conditions
• We do not store your payment card details
• All Purchases are final and non-refundable, except as required by law or the policies of the Apple App Store
• We reserve the right to change our prices and billing methods at any time

8. Intellectual Property

Other than your User Content, the Services and all materials therein, including our brand, name, logo, software, text, graphics, and user interface (the “Exoria Property”), are the exclusive property of Exoria LLC and its licensors. You may not use the Exoria Property without our prior written permission.

9. Termination

We reserve the right to suspend or terminate your account and your access to the Services at our sole discretion, without notice, for any reason, including for a breach of these Terms. You may terminate your account at any time by deleting the app or contacting us for assistance.

Upon termination, your right to use the Services will cease immediately. We may, but are not obligated to, delete your User Content. The license you grant us to your User Content in Section 3 will survive termination.

10. Disclaimers

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. EXORIA DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

EXORIA DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. THE AI-GENERATED CONTENT IS PRODUCED BY THIRD-PARTY MODELS AND DOES NOT REPRESENT THE VIEWS OF EXORIA. WE ARE NOT RESPONSIBLE FOR THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY CONTENT GENERATED BY THE AI.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EXORIA AND ITS AFFILIATES, OFFICERS, AND EMPLOYEES WILL 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, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT.

IN NO EVENT SHALL EXORIA’S AGGREGATE LIABILITY EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (USD $100.00) OR THE AMOUNT YOU PAID US, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.

12. Indemnification

You agree to indemnify, defend, and hold harmless Exoria and its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Services; (ii) your violation of any term of these Terms; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your User Content caused damage to a third party.

13. Governing Law and Dispute Resolution

These Terms shall be governed by the laws of the State of Delaware, without regard to its conflict of law principles. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in Santa Clara County, California for the purpose of litigating all such claims or disputes.

14. General Terms

Changes to Terms

We may modify these Terms from time to time. If we make material changes, we will provide you with notice through our Services or by other means. Your continued use of the Services after the changes become effective constitutes your acceptance of the new Terms.

Entire Agreement

These Terms and our Privacy Policy constitute the entire agreement between you and Exoria regarding your use of the Services.

Severability

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

No Waiver

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

15. Contact Us

If you have any questions about these Terms, please contact us at: support@exoria.app

## SMS Messaging Terms ### Social Invite System Our social invite system allows you to send SMS invitations to join conversations on Exoria. By using this feature, you agree to the following terms: ### Consent and Authorization - You confirm that you have permission to send invitations to the phone numbers you provide - You will not use the service to send unsolicited messages or spam - Recipients must consent to receive messages from Exoria ### Message Frequency and Charges - Invitation messages are sent on a one-time basis per invite - Standard message and data rates may apply based on your mobile carrier plan - Exoria does not charge for SMS messages, but your carrier may charge you ### Opt-Out and Support - Message recipients can opt-out by replying STOP to any message - For help or questions, recipients can reply HELP or contact support@exoria.ai - Customer support is available at support@exoria.ai ### Supported Carriers - Our SMS service works with major US carriers - Delivery is subject to carrier-specific limitations and filtering ### Prohibited Uses You may not use our SMS service to: - Send messages containing illegal, harmful, or offensive content - Violate any applicable laws or regulations - Harass or spam recipients - Impersonate others or send misleading information ### Your Responsibilities - You are responsible for obtaining consent before sending invitations - You must comply with all applicable laws including TCPA and CAN-SPAM - You agree to indemnify Exoria for any misuse of the SMS service