Terms of Service
Last updated: March 13, 2026
Table of Contents
- Acceptance of Terms
- Definitions
- Eligibility
- Account Registration and Security
- Description of Service
- Health, Wellness, and Mental Health Disclaimers
- AI Companion General Disclaimers
- Subscription and Payment Terms
- User Content and Data
- Acceptable Use Policy
- Third-Party Integrations
- Third-Party AI Model Providers
- Intellectual Property
- Privacy
- SMS and Communication Terms
- Voice Features
- Disclaimers of Warranties
- Limitation of Liability
- Indemnification
- Dispute Resolution
- Termination
- Data Retention and Deletion
- Modifications to Terms
- Severability
- Waiver
- Entire Agreement
- Force Majeure
- Assignment
- Contact Information
1. Acceptance of Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Jorvek LLC, an Ohio limited liability company ("Jorvek," "Company," "we," "us," or "our"), governing your access to and use of the Salty Panda application, website, application programming interfaces, and all related services (collectively, the "Service").
By creating an account, accessing, or using the Service in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to all of these Terms, you must not access or use the Service.
During the onboarding process, you will be required to affirmatively consent to these Terms by checking a consent box labeled "Terms & Privacy." Your affirmative consent, combined with the recording of your IP address and browser user-agent at the time of consent, constitutes your electronic signature and acceptance of these Terms pursuant to the Electronic Signatures in Global and National Commerce Act (E-SIGN Act) and the Uniform Electronic Transactions Act (UETA).
Your continued use of the Service after the effective date of any revised Terms constitutes your acceptance of such revised Terms.
2. Definitions
For purposes of these Terms, the following definitions apply:
- "AI Companion" means the artificial intelligence conversational agent provided through the Service, which processes User inputs and generates responses using third-party large language models. The AI Companion is not a natural person, licensed professional, or sentient being.
- "Content" means any text, images, audio, data, information, or other materials submitted to, generated by, or displayed through the Service.
- "Conversation Data" means the text messages, image uploads, and other inputs you submit through the chat interface, as well as the AI-generated responses, stored in your conversation history.
- "Emotional Data" means algorithmic assessments of your emotional state derived from your Conversation Data using a proprietary computational model, including numerical emotional dimensions, emotion labels, and trend indicators.
- "Integration" means a connection between the Service and a Third-Party Service, including but not limited to Google, Microsoft, Spotify, Notion, Apple, Twilio, Telegram, Brave Search, and OpenWeatherMap.
- "Memory Data" means facts, preferences, behavioral patterns, entities, beliefs, and other information extracted from your Conversation Data by the AI system and stored persistently to personalize future interactions. Memory Data is encrypted at rest using industry-standard encryption.
- "Personal Data" has the meaning ascribed to it in the Privacy Policy and includes any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual.
- "Service" means the Salty Panda application, accessible at https://app.saltypanda.com, including all features, functionalities, tools, integrations, and content provided by Jorvek.
- "Subscription" means the recurring payment plan you select to access the Service, as described in Section 8.
- "Third-Party Service" means any service, platform, application, or website operated by an entity other than Jorvek that may be accessed through or connected to the Service via an Integration.
- "User" or "you" means any individual who creates an account on and/or uses the Service.
3. Eligibility
Age Requirement. You must be at least eighteen (18) years of age to create an account and use the Service. By using the Service, you represent and warrant that you are at least 18 years old. The Service is not intended for, and must not be used by, anyone under the age of 18. If we learn or have reason to believe that a User is under 18 years of age, we will promptly delete that User's account and all associated data.
Legal Capacity. You represent and warrant that you have the legal capacity and authority to enter into these Terms and to perform the obligations set forth herein.
Geographic Restrictions. The Service is operated from the United States. We make no representation that the Service is appropriate, available, or legally permitted for use in all jurisdictions. Users who access the Service from outside the United States do so at their own initiative and are responsible for compliance with applicable local laws.
Account Restrictions. You may not use the Service if you have been previously banned or had your account terminated by Jorvek, or if you are prohibited from receiving the Service under the laws of the United States or any other applicable jurisdiction.
4. Account Registration and Security
Account Creation. To use the Service, you must create an account through our authentication provider, Clerk. You may register using Google OAuth, Apple OAuth, or email and password. During the current launch phase, account creation requires a valid invite code.
Accurate Information. You agree to provide accurate, current, and complete information during the registration and onboarding process, including but not limited to your display name, email address, and any other requested information. You agree to promptly update your information to maintain its accuracy.
Account Security. You are solely responsible for maintaining the confidentiality and security of your account credentials, including your password and any optional app lock passcode. You agree to immediately notify Jorvek at legal@saltypanda.com of any unauthorized use of your account or any other breach of security.
Device Trust. The Service implements a device trust verification system. When you access your account from a new or unrecognized device, you may be required to verify your identity through a six-digit code sent to your registered email address.
Single-User Accounts. Each account is for a single individual user. You may not share, transfer, or assign your account or credentials to any other person.
Account Responsibility. You are responsible for all activity that occurs under your account, whether or not authorized by you. Jorvek shall not be liable for any loss or damage arising from your failure to comply with these security obligations.
5. Description of Service
Overview. Salty Panda is an AI-powered conversational companion application that uses large language models to provide personalized, context-aware conversations. The Service includes features such as conversational chat, a persistent memory system, emotional intelligence analysis, third-party service integrations, voice interaction, proactive notifications, and subscription-based access tiers.
Core Features. The Service provides:
- Conversational Chat -- text-based and voice-based interaction with an AI Companion via web browser or progressive web app (PWA)
- Memory System -- extraction and storage of facts, preferences, and behavioral patterns from conversations to personalize future interactions
- Emotional Intelligence -- algorithmic analysis of your messages to infer emotional states, used to modulate the AI Companion's tone and responsiveness
- Third-Party Integrations -- optional connections to Google (Calendar, Gmail, Tasks, Contacts, Maps), Microsoft (Outlook, Mail, To-Do, OneDrive), Spotify, Notion, Apple (Calendar, Reminders), Brave Search, OpenWeatherMap, and Telegram
- Voice Mode -- speech-to-text input via your browser's built-in speech recognition and text-to-speech output via browser synthesis, OpenAI, or ElevenLabs
- Proactive Notifications -- AI-initiated messages such as daily briefings, reminders, and check-ins delivered via WebSocket, web push, Telegram, or SMS
- Native Notes -- a note-taking feature with optional sync to Notion
- Image Processing -- ability to upload, analyze, and discuss images with the AI Companion
- App Lock -- optional PIN-based security for the application interface
What the Service Is Not. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT SALTY PANDA:
- Is NOT a medical or healthcare service of any kind
- Is NOT a mental health service, therapy service, counseling service, or psychological service
- Is NOT a crisis intervention or suicide prevention service
- Is NOT a substitute for professional medical, psychological, psychiatric, or therapeutic care
- Is NOT a financial advisory, legal advisory, or any other form of licensed professional service
- Is NOT a substitute for human relationships, professional support networks, or emergency services
- Is NOT a diagnostic tool for any medical, psychological, or psychiatric condition
- Is NOT operated, supervised, or endorsed by any licensed healthcare professionals
- Does NOT create any professional-client, therapist-patient, doctor-patient, or fiduciary relationship between you and Jorvek, its employees, contractors, or the AI Companion
The Service is provided for entertainment, personal productivity, and general informational purposes only. No information, response, or analysis provided by the Service should be construed as professional advice of any kind.
6. Health, Wellness, and Mental Health Disclaimers
THIS SECTION CONTAINS CRITICAL DISCLAIMERS REGARDING HEALTH, WELLNESS, AND MENTAL HEALTH. PLEASE READ IT CAREFULLY.
6.1 No Licensed Professionals
Salty Panda is NOT a licensed therapist, psychologist, psychiatrist, counselor, social worker, licensed clinical professional, marriage and family therapist, psychiatric nurse practitioner, or any other form of mental health professional. Salty Panda is NOT a medical practitioner, physician, nurse practitioner, physician assistant, registered nurse, or healthcare provider of any kind. No licensed mental health professional or medical professional is involved in the design, operation, supervision, or review of the AI Companion's responses to individual users.
6.2 Not a Crisis Service
SALTY PANDA IS NOT A CRISIS INTERVENTION SERVICE AND MUST NOT BE RELIED UPON IN MENTAL HEALTH EMERGENCIES, MEDICAL EMERGENCIES, OR ANY SITUATION INVOLVING RISK OF HARM TO YOURSELF OR OTHERS.
If you or someone you know is experiencing a mental health crisis, suicidal thoughts, self-harm urges, or any medical emergency:
- Call 911 (or your local emergency number) immediately
- Call or text 988 (Suicide and Crisis Lifeline, available 24/7)
- Text "HOME" to 741741 (Crisis Text Line)
- Go to your nearest emergency room
The AI Companion includes built-in safety protocols that attempt to detect crisis signals and direct users to professional resources. However, these protocols are algorithmic, not infallible, and do not constitute crisis intervention. You must never rely on the AI Companion as your sole or primary source of crisis support.
A plain-English version of this posture is available in our Safety Protocol and our AI Transparency Report.
6.3 Emotional Intelligence Is Not Clinical Assessment
The Service utilizes a proprietary computational model to algorithmically analyze text patterns in your messages and infer approximate emotional states. You acknowledge and agree that:
- This emotional analysis is purely algorithmic pattern recognition performed by artificial intelligence and is NOT a clinical psychological assessment, psychiatric evaluation, emotional diagnosis, or therapeutic intervention
- The emotional data generated represents probabilistic algorithmic outputs, not objective measurements of your actual mental or emotional state
- The emotional analysis has no clinical validity or reliability and has not been validated by any medical, psychological, or regulatory body
- The emotional analysis may be inaccurate, misleading, or entirely wrong
- No therapist-patient, doctor-patient, counselor-client, or any other professional relationship is created by the collection, analysis, or display of Emotional Data
- The use of emotional or psychological terminology in the Service's interface and architecture does not imply clinical expertise or clinical applicability
6.4 Not a Substitute for Professional Care
The Service is not a substitute for professional therapy, counseling, psychiatric treatment, psychological evaluation, medical treatment, or any form of clinical care. The AI Companion's responses, insights, mood-related observations, wellness suggestions, and emotional analyses are for informational and entertainment purposes ONLY and should never be interpreted as:
- A clinical diagnosis or differential diagnosis of any condition
- A treatment plan, therapeutic intervention, or medical prescription
- Clinical guidance, medical advice, or psychological counseling
- A professional opinion regarding your mental health, emotional wellbeing, or physical health
- A recommendation to start, stop, or modify any medication, therapy, or treatment program
6.5 No Guarantee of Emotional Accuracy or Benefit
Jorvek makes no representations or warranties that: (a) the emotional analysis features will accurately detect or reflect your emotional state; (b) the Service will improve your mental health, emotional wellbeing, or quality of life; (c) the AI Companion's responses will be emotionally appropriate, helpful, or therapeutic; or (d) the Service will be beneficial for users experiencing mental health challenges, grief, loneliness, anxiety, depression, or any other emotional difficulty.
6.6 AI Hallucination and Harmful Output Risk
You acknowledge that the AI Companion may produce responses that are inaccurate, inappropriate, offensive, misleading, nonsensical, or potentially harmful ("hallucinations" or "confabulations"). This includes but is not limited to: fabricating facts, providing incorrect information presented with apparent confidence, generating responses that could be emotionally triggering, or failing to recognize the severity of a user's emotional or physical distress. You agree to exercise independent judgment at all times and to never rely solely on the AI Companion's output for decisions affecting your health, safety, wellbeing, or the health and safety of others.
6.7 User Assumption of Risk
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICE'S EMOTIONAL INTELLIGENCE FEATURES, WELLNESS-RELATED RESPONSES, MOOD ANALYSIS, AND ANY OTHER HEALTH-ADJACENT FUNCTIONALITY IS ENTIRELY AT YOUR OWN RISK. YOU AGREE THAT RELIANCE ON SALTY PANDA FOR MENTAL HEALTH SUPPORT, EMOTIONAL GUIDANCE, MEDICAL INFORMATION, CRISIS SUPPORT, OR ANY FORM OF PROFESSIONAL CARE IS DONE ENTIRELY AT YOUR OWN RISK AND THAT JORVEK BEARS NO LIABILITY FOR ANY DECISIONS MADE, ACTIONS TAKEN, OR HARM SUFFERED AS A RESULT OF SUCH RELIANCE.
6.8 Comprehensive Liability Disclaimer for Health and Wellness
JORVEK LLC EXPRESSLY DISCLAIMS ALL LIABILITY, TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOR:
- Any decisions made or actions taken by you based on the AI Companion's emotional analysis, conversational responses, wellness-related outputs, mood observations, or any other content generated by the Service
- Any failure of the AI Companion to detect, recognize, or appropriately respond to signs of mental health crisis, suicidal ideation, self-harm, substance abuse, domestic violence, or any other dangerous or harmful situation
- Any emotional distress, psychological harm, worsening of mental health conditions, or physical harm alleged to result from your interactions with the AI Companion
- Any delay in seeking professional care that may result from your use of or reliance on the Service
- Any inaccurate, inappropriate, or harmful emotional analysis, mood characterization, or wellness suggestion generated by the Service
- Any claim that the Service's emotional intelligence features, personality modeling, or behavioral analysis constitutes the unauthorized practice of psychology, psychiatry, counseling, social work, or medicine
7. AI Companion General Disclaimers
No Guarantee of Accuracy. The AI Companion generates responses using third-party large language models. These models are probabilistic in nature and may produce outputs that are inaccurate, incomplete, outdated, biased, inconsistent, or factually incorrect. Jorvek does not guarantee the accuracy, reliability, completeness, or timeliness of any Content generated by the AI Companion.
AI Hallucination. Large language models are known to "hallucinate" -- that is, they may generate plausible-sounding but entirely false or fabricated information. The AI Companion may present incorrect information with apparent confidence. You agree to independently verify any information provided by the AI Companion before relying on it for any purpose.
Not Professional Advice. The AI Companion does not provide professional advice of any kind, including but not limited to medical, legal, financial, tax, investment, engineering, or other professional advice. You should consult qualified professionals for such matters.
Bias and Limitations. AI models may reflect biases present in their training data. Outputs may be culturally, socially, or factually biased. The AI Companion has knowledge limitations and may not be aware of recent events, local regulations, or domain-specific nuances.
No Fiduciary Duty. Nothing in the Service or these Terms creates a fiduciary duty, duty of care, or professional obligation from Jorvek or the AI Companion to you.
User Responsibility. You bear sole responsibility for evaluating, verifying, and acting upon any information, suggestion, or output provided by the AI Companion. Jorvek is not responsible for any consequences arising from your reliance on AI-generated content.
8. Subscription and Payment Terms
Free Trial. New users may receive a five (5) day free trial period ("Trial Period") upon account creation. During the Trial Period, you will have access to elevated features. At the end of the Trial Period, your account will revert to a limited-access state unless you subscribe to a paid plan.
Subscription Tiers. The Service offers the following subscription tiers:
- Starter -- $19.99 per month
- Pro -- $34.99 per month
- Max -- $79.99 per month
Feature limits, including daily message quotas, AI model access, SMS capabilities, voice character limits, and integration availability, vary by tier and are described on our billing page within the application.
Billing. All subscriptions are billed on a monthly recurring basis. You authorize Jorvek (via our payment processor, Stripe) to charge your designated payment method on a recurring basis at the then-current subscription rate.
Payment Processing. All payments are processed by Stripe, Inc. Jorvek does not collect, process, or store your credit card number, debit card number, bank account number, or other payment instrument details. All payment data is handled directly by Stripe in accordance with PCI DSS. By subscribing, you also agree to Stripe's terms of service.
Auto-Renewal. YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE END OF EACH BILLING PERIOD AT THE THEN-CURRENT RATE UNLESS YOU CANCEL BEFORE THE RENEWAL DATE. You may cancel auto-renewal at any time through the Stripe customer billing portal.
Cancellation. You may cancel your subscription at any time through the Stripe billing portal. Upon cancellation, your subscription will remain active through the end of the current paid billing period.
Refunds. All subscription payments are non-refundable, except as required by applicable law. No prorated refunds will be issued for partial billing periods. If you believe a charge was made in error, contact legal@saltypanda.com within thirty (30) days.
Price Changes. Jorvek reserves the right to modify subscription pricing with at least thirty (30) days' advance notice via email. Your continued subscription after the new pricing takes effect constitutes acceptance.
9. User Content and Data
Ownership of User Content. You retain all ownership rights in the text, images, and other content you submit to the Service ("User Content").
License to Jorvek. By submitting User Content, you grant Jorvek a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, process, adapt, and transmit your User Content solely as necessary to: (a) provide, maintain, and improve the Service; (b) process your inputs through AI models to generate responses; (c) extract and store Memory Data; (d) perform emotional analysis; (e) comply with applicable law; and (f) enforce these Terms. This license terminates when you delete the applicable content or your account.
Content Restrictions. You agree not to submit User Content that: (a) is unlawful, defamatory, obscene, or threatening; (b) infringes any third party's intellectual property or privacy rights; (c) contains malware, viruses, or harmful code; (d) constitutes spam; or (e) violates any applicable law.
Image Uploads. You may upload images for analysis by the AI Companion. Images are processed client-side (resized, converted to JPEG) before transmission and stored as part of your Conversation Data. By uploading images, you represent that you have the right to share those images.
10. Acceptable Use Policy
You agree not to use the Service to:
- Violate any applicable law, regulation, or third-party right
- Engage in, facilitate, or promote illegal activity
- Harass, bully, threaten, stalk, defame, or intimidate any person
- Generate content that exploits, harms, or endangers minors
- Attempt to jailbreak, bypass safety measures, or manipulate the AI Companion through prompt injection, adversarial inputs, or social engineering
- Generate content intended to deceive, defraud, or manipulate others
- Generate malware, exploit code, phishing content, or cybersecurity attack tools
- Use the Service on behalf of or for the benefit of any person under 18
- Reverse-engineer, decompile, disassemble, or attempt to derive the source code or algorithms of the Service
- Scrape, crawl, or use automated tools to extract data from the Service
- Interfere with, disrupt, or place an unreasonable load on the Service
- Impersonate any person or entity
- Share, resell, sublicense, or distribute access to the Service
- Use the Service to generate content for training competing AI models
- Attempt to circumvent any usage limits, rate limits, or access controls
- Use the Service to provide professional services to third parties
Jorvek reserves the right to investigate and take appropriate action against anyone who violates this policy, including suspending or terminating accounts and reporting conduct to law enforcement.
11. Third-Party Integrations
Optional Integrations. The Service allows you to optionally connect third-party accounts, including: Google (Calendar, Gmail, Tasks, Contacts, Maps, Nest), Microsoft (Outlook, Mail, To-Do, OneDrive), Spotify, Notion, Apple (Calendar, Reminders via CalDAV), Brave Search, OpenWeatherMap, and Telegram.
User Responsibility. You are solely responsible for your use of Third-Party Services, including compliance with their terms of service and privacy policies. By connecting a Third-Party Service, you authorize Jorvek to access and interact with your account on that service to the extent of the permissions you grant.
OAuth Scopes. When connecting certain integrations, you will be asked to authorize specific permissions through the third party's consent screen. You should carefully review the permissions requested before authorizing. A detailed list of permissions by integration is available in our Privacy Policy.
No Liability for Third Parties. Jorvek is not responsible for the availability, accuracy, or performance of any Third-Party Service; any changes to or discontinuation of any Third-Party Service; any data loss or security breach within a Third-Party Service; or any fees charged by Third-Party Services.
Token Storage. OAuth tokens for connected integrations are encrypted at rest using industry-standard encryption. You may disconnect any integration at any time, which revokes the stored tokens.
12. Third-Party AI Model Providers
AI Model Processing. The Service processes your conversations using third-party large language models accessed directly through OpenAI's API. Your Conversation Data, including text messages, uploaded images, and contextual information (such as relevant memories, emotional state, and integration data), is transmitted to OpenAI for processing.
Current Model Providers. As of the effective date, the primary AI models are provided by OpenAI (currently the GPT-5 family). The specific models may change at any time.
Data Handling. Data sent to third-party AI model providers is subject to their respective terms of service and privacy policies. You should review OpenAI's privacy policy for details.
Text-to-Speech. If you use Voice Mode, AI-generated response text may be transmitted to OpenAI or ElevenLabs for text-to-speech synthesis.
Local Processing. Vector embeddings for semantic memory search are generated locally on Jorvek's servers and are NOT transmitted to any third party.
By using the Service, you acknowledge and consent to the transmission of your Conversation Data to third-party AI model providers. If you do not consent, you must not use the Service.
13. Intellectual Property
The Service, including its software, algorithms, AI pipeline architecture, memory system design, user interface, graphics, trademarks, and documentation, is the exclusive property of Jorvek LLC and its licensors. Nothing in these Terms grants you any right, title, or interest beyond the limited right to use the Service.
You retain ownership of your User Content, subject to the license granted in Section 9. Responses generated by the AI Companion are outputs of third-party AI models; Jorvek does not claim ownership of AI-generated responses.
If you provide suggestions, ideas, or feedback ("Feedback"), you grant Jorvek a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate such Feedback.
14. Privacy
Your use of the Service is also governed by our Privacy Policy. The Privacy Policy describes how we collect, use, store, share, and protect your Personal Data, including Conversation Data, Memory Data, and Emotional Data. By using the Service, you acknowledge that you have read and understood our Privacy Policy. The Privacy Policy is incorporated into these Terms by reference.
15. SMS and Communication Terms
Consent to Receive Messages. By registering a phone number with the Service and verifying it via one-time passcode, you expressly consent to receive SMS text messages from Jorvek at the phone number you provide. This consent is not a condition of purchasing any goods or services.
Types of Messages. Messages may include: verification codes, AI Companion responses to inbound SMS, scheduled notifications (daily briefings, event reminders), and security alerts.
Message Frequency. Frequency varies by subscription tier and notification preferences. Daily SMS limits vary by tier (up to 300 per day on Max). You control which categories of SMS messages you receive through your notification preferences.
Standard Rates. Standard messaging and data rates from your mobile carrier may apply.
Opt-Out. You may opt out at any time by replying STOP, UNSUBSCRIBE, CANCEL, or QUIT to any message, deleting your phone number from Settings, or contacting legal@saltypanda.com. After opting out, you will receive a single confirmation message and no further messages unless you opt back in by replying START or UNSTOP.
Twilio. SMS messages are sent and received through Twilio, Inc. Twilio's privacy policy is available at https://www.twilio.com/legal/privacy.
TCPA Compliance. In compliance with the Telephone Consumer Protection Act (TCPA), Jorvek obtains your prior express consent before sending messages, honors all opt-out requests promptly, identifies itself in communications, and does not engage in telemarketing.
16. Voice Features
Speech-to-Text. Voice input uses your browser's built-in Speech Recognition API. Audio may be transmitted by your browser to the browser vendor's servers (e.g., Google's servers for Chrome, Apple's servers for Safari). Jorvek does not receive, process, or store your raw audio data. The resulting text transcript is processed as Conversation Data.
Text-to-Speech. AI response text may be converted to speech using: (a) your browser's built-in speech synthesis (no external transmission); (b) OpenAI's TTS API; or (c) ElevenLabs' TTS API. No audio is stored by Jorvek.
Microphone Permission. You must grant microphone permission to your browser to use voice features. The Service's Permissions-Policy restricts microphone access to the first-party origin only.
17. Disclaimers of Warranties
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JORVEK EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:
- IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
- WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE
- ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS
- ANY WARRANTY REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR QUALITY OF ANY CONTENT PROVIDED THROUGH THE SERVICE
- ANY WARRANTY THAT THE AI COMPANION'S RESPONSES WILL BE ACCURATE, APPROPRIATE, HELPFUL, BENEFICIAL, OR SAFE
- ANY WARRANTY REGARDING THE ACCURACY OF EMOTIONAL ANALYSIS, MOOD DETECTION, OR BEHAVIORAL INFERENCES
- ANY WARRANTY THAT MEMORIES EXTRACTED BY THE AI WILL BE ACCURATE, COMPLETE, OR CORRECTLY ATTRIBUTED
- ANY WARRANTY REGARDING THE PERFORMANCE OR AVAILABILITY OF THIRD-PARTY INTEGRATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. IN SUCH JURISDICTIONS, THE ABOVE EXCLUSIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
18. Limitation of Liability
Cap on Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF JORVEK, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES, FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO JORVEK FOR THE SERVICE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00).
Exclusion of Consequential Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL JORVEK BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR:
- Loss of profits, revenue, data, goodwill, or business opportunities
- Emotional distress, mental anguish, or psychological harm
- Personal injury or bodily harm resulting from reliance on the Service
- Cost of procurement of substitute services
- Any matter beyond Jorvek's reasonable control
- Inaccurate AI-generated content, emotional analysis, or recommendations
- Actions taken or decisions made based on information provided by the AI Companion
- Failure to detect or appropriately respond to mental health crises, medical emergencies, or other dangerous situations
REGARDLESS OF WHETHER JORVEK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE THEORY OF LIABILITY.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH JURISDICTIONS, THE ABOVE LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
19. Indemnification
You agree to indemnify, defend, and hold harmless Jorvek LLC, its officers, directors, employees, contractors, agents, licensors, and affiliates from and against any and all claims, demands, actions, suits, proceedings, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any applicable law or third-party right; (d) your User Content; (e) your use of any Third-Party Integration; (f) any dispute between you and a Third-Party Service provider; (g) any claim that your use of the Service caused harm to you or any third party; or (h) any unauthorized use of your account.
20. Dispute Resolution
Governing Law. These Terms shall be governed by and construed in accordance with the laws of the State of Ohio, without regard to its conflict of law principles.
Mandatory Arbitration. Any dispute, controversy, or claim arising out of or relating to these Terms shall be determined by binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. The arbitration shall be conducted by a single arbitrator. The seat and place of arbitration shall be Stark County, Ohio.
Class Action Waiver. YOU AND JORVEK AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.
Small Claims Exception. Either party may bring an individual action in small claims court in Stark County, Ohio, for disputes within the jurisdictional limits of that court.
Injunctive Relief. Nothing in this Section prevents either party from seeking injunctive or equitable relief in a court of competent jurisdiction for matters relating to intellectual property rights, confidentiality obligations, or unauthorized access.
Opt-Out of Arbitration. You may opt out by sending written notice to legal@saltypanda.com within thirty (30) days of your first use of the Service. If you opt out, disputes will be resolved in the state or federal courts located in Stark County, Ohio.
21. Termination
Termination by You. You may terminate your account at any time by canceling your subscription and requesting account deletion through Settings.
Termination by Jorvek. Jorvek may suspend or terminate your account at any time, with or without cause, with or without notice, including if you violate these Terms, engage in conduct that could expose Jorvek to liability, or if continued provision is commercially impracticable.
Effect of Termination. Upon termination: your right to access the Service immediately ceases; outstanding subscription fees remain due; your Stripe subscription will be canceled; your authentication identity will be deleted; and your data will be handled as described in Section 22.
Survival. Sections 2, 6, 7, 9.2, 13, 17, 18, 19, 20, 22, and 24-29 survive termination.
22. Data Retention and Deletion
During Active Use. Conversation Data is kept while your account is active unless you remove it sooner. Memory Data has varying retention periods by type. Emotional state decays toward neutral over time. Integration credentials are retained until disconnection.
Upon Account Deletion. Personal data is removed from active app systems, including conversations, memories, entities, emotional state, beliefs, phone records, credentials, and your tenant record. Audit log entries are anonymized but retained for security. Your Stripe subscription is canceled and your authentication identity deletion flow is initiated.
Data Export. Prior to deletion, you may export all your data in JSON format via the data export feature in Settings.
Backup Retention. Routine encrypted backups maintained by our infrastructure provider may contain copies of your data for a limited period after deletion until normal backup rotation removes them. These backups are used solely for disaster recovery.
23. Modifications to Terms
Jorvek reserves the right to modify these Terms at any time. When we make material changes, we will update the "Last Updated" date and notify you via email or in-app notification. Your continued use after the effective date of revised Terms constitutes acceptance. Non-material changes may be made without prior notice.
24. Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it enforceable. If modification is not possible, the provision shall be severed. The invalidity of any provision shall not affect the remaining provisions.
25. Waiver
The failure of Jorvek to exercise or enforce any right or provision of these Terms shall not constitute a waiver. Any waiver will be effective only if in writing and signed by Jorvek.
26. Entire Agreement
These Terms, together with the Privacy Policy and any other agreements referenced herein, constitute the entire agreement between you and Jorvek regarding the Service and supersede all prior agreements.
27. Force Majeure
Jorvek shall not be liable for any failure or delay resulting from circumstances beyond its reasonable control, including acts of God, natural disasters, epidemics, pandemics, war, terrorism, power outages, internet failures, cyberattacks, failures of third-party services, government orders, or labor disputes.
28. Assignment
You may not assign these Terms without Jorvek's prior written consent. Jorvek may assign these Terms without restriction, including in connection with a merger, acquisition, or sale of assets.
29. Contact Information
For questions, concerns, or notices regarding these Terms, please contact:
Jorvek LLC
6545 Market Ave. North, STE 100
Canton, OH 44721, USA
Email: legal@saltypanda.com