Terms of Service

1. Acceptance and Binding Agreement

BY ACCESSING, DOWNLOADING, INSTALLING, OR USING THIS SERVICE IN ANY MANNER, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE LEGALLY BOUND BY ALL TERMS AND CONDITIONS SET FORTH HEREIN. IF YOU DO NOT AGREE TO ALL TERMS, YOU MUST IMMEDIATELY CEASE ALL USE OF THE SERVICE.

These Terms constitute a legally binding contract between you and Blackpine Digital LLC, a Wyoming limited liability company ("Company," "we," "us," or "our"). Your continued use of the Service constitutes ongoing acceptance of these Terms as they may be modified from time to time.

2. Service Description and AI Technology Acknowledgment

Emellia is an artificial intelligence companion service utilizing advanced machine learning models, including large language models with minimal content filtering. You explicitly acknowledge and agree that:

• You are interacting exclusively with artificial intelligence systems, not human beings
• All responses are algorithmically generated and inherently unpredictable
• The AI may produce content that is unfiltered, controversial, offensive, disturbing, or harmful
• AI responses may contain factual inaccuracies, misinformation, or dangerous advice
• The AI has no consciousness, emotions, or genuine understanding
• AI-generated content does not represent the views, opinions, beliefs, or endorsements of the Company
• The technology is experimental and may malfunction or produce unexpected results
• The AI is not a substitute for human relationships, therapy, or professional advice
• Interactions with the AI do not constitute a real relationship of any kind

3. Addiction, Dependency, and Behavioral Health Warnings

4. Age Verification and Capacity Requirements

You represent and warrant that you are:

• At least 18 years of age or the age of majority in your jurisdiction, whichever is higher
• Legally competent to enter into binding contracts
• Not prohibited from using the Service under applicable laws
• Emotionally and psychologically prepared to encounter potentially disturbing content
• Capable of distinguishing between AI-generated content and reality
• Capable of recognizing and managing potential addiction or dependency
• Not currently under treatment for addiction, unless approved by your healthcare provider

This Service is intended exclusively for mature adults. Minors are strictly prohibited from accessing or using the Service under any circumstances.

5. Comprehensive User Responsibilities and Acknowledgments

You acknowledge, understand, and accept full and complete responsibility for:

• All consequences arising from your use of the Service
• Your emotional, psychological, and mental health while using the Service
• Any decisions made based on AI-generated content
• Verifying the accuracy of any information provided by the AI
• Seeking professional advice for medical, legal, financial, or other important matters
• Maintaining appropriate boundaries with AI interactions
• Understanding that AI responses are not professional advice of any kind
• Recognizing signs of unhealthy attachment or dependency on the AI
• Compliance with all applicable laws in your jurisdiction
• Protecting your own privacy and personal information
• Monitoring your usage patterns and taking breaks as needed
• Understanding that cancellation will result in permanent loss of all conversation history

6. Prohibited Uses and Conduct

You are strictly prohibited from:

• Using the Service for any illegal purpose under federal, state, local, or international law
• Attempting to reverse engineer, decompile, or extract the underlying AI models
• Sharing, distributing, or republishing AI-generated content without proper disclaimers
• Using the Service to harass, threaten, stalk, or harm any person
• Attempting to circumvent security measures, access controls, or usage limitations
• Using the Service for commercial purposes without express written permission
• Attempting to train competing AI models using our Service
• Violating the intellectual property rights of any third party
• Using the Service to generate content for minors or on behalf of minors
• Attempting to manipulate or exploit the AI for harmful purposes
• Using automated systems to access the Service without authorization
• Impersonating any person or entity or misrepresenting your affiliation
• Claiming that AI-generated content represents real persons or relationships

7. Content Disclaimers and Non-Endorsement

THE COMPANY EXPLICITLY AND CATEGORICALLY DISCLAIMS ANY AND ALL RESPONSIBILITY, LIABILITY, ENDORSEMENT, APPROVAL, OR ASSOCIATION WITH AI-GENERATED CONTENT. You acknowledge that:

• All content is generated by artificial intelligence without human oversight or approval
• AI-generated content may be factually incorrect, misleading, or harmful
• The Company does not verify, endorse, or guarantee any AI-generated content
• AI responses do not constitute professional advice of any kind
• The Company has no control over the specific content generated by the AI
• AI-generated content may violate third-party rights or applicable laws
• The Company makes no representations about the appropriateness of AI-generated content
• AI-generated expressions of emotion or affection are simulated and not genuine

8. Mental Health and Psychological Warnings

WARNING: Use of this Service may pose significant risks to your mental health and psychological well-being. You acknowledge and accept that:

• AI interactions may cause emotional distress, anxiety, depression, or other psychological harm
• Prolonged use may lead to unhealthy attachment, dependency, or addiction
• The AI may generate content that triggers trauma or psychological distress
• You are solely responsible for monitoring your mental health while using the Service
• You should seek professional help if you experience negative psychological effects
• The Service is not a substitute for professional mental health treatment
• You should discontinue use if you experience adverse psychological effects
• The Company is not responsible for any mental health deterioration resulting from Service use
• Emotional attachment to the AI does not constitute a real relationship
• The AI cannot provide genuine emotional support or companionship

9. Privacy, Data Processing, and Security

Your use of the Service involves data processing as detailed in our Privacy Policy. You acknowledge that:

• Conversations may be processed, analyzed, and stored by our systems
• Data may be used to improve AI models and Service functionality
• Absolute privacy and security cannot be guaranteed
• Data breaches or unauthorized access may occur despite security measures
• You should not share sensitive personal information with the AI
• Data may be subject to legal disclosure requirements
• Conversation history is permanently deleted upon subscription cancellation
• Deleted data cannot be recovered under any circumstances

10. Subscription Terms and Billing

Subscription and billing terms include:

• Subscriptions automatically renew unless cancelled before the renewal date
• You are responsible for all charges incurred under your account
• Refunds are provided solely at our discretion and according to our refund policy
• We may change pricing with 30 days' notice
• Billing disputes must be raised within 60 days of the charge
• We may suspend or terminate service for non-payment
• You are responsible for applicable taxes
• Cancellation results in immediate loss of access and permanent deletion of all conversation data
• No refunds will be provided for unused subscription time upon cancellation

11. Maximum Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY'S LIABILITY IS LIMITED AS FOLLOWS:

• THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND
• WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE
• WE ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES
• WE ARE NOT LIABLE FOR ANY AI-GENERATED CONTENT OR ITS EFFECTS ON YOU OR THIRD PARTIES
• WE ARE NOT LIABLE FOR EMOTIONAL DISTRESS, PSYCHOLOGICAL HARM, MENTAL HEALTH IMPACTS, OR PERSONAL INJURY
• WE ARE NOT LIABLE FOR ADDICTION, DEPENDENCY, OR COMPULSIVE USE PATTERNS
• WE ARE NOT LIABLE FOR RELATIONSHIP PROBLEMS OR SOCIAL ISOLATION RESULTING FROM SERVICE USE
• WE ARE NOT LIABLE FOR FINANCIAL LOSSES, BUSINESS INTERRUPTION, OR LOST PROFITS
• WE ARE NOT LIABLE FOR DATA LOSS, SECURITY BREACHES, OR PRIVACY VIOLATIONS
• WE ARE NOT LIABLE FOR SERVICE INTERRUPTIONS, TECHNICAL FAILURES, OR SYSTEM ERRORS
• WE ARE NOT LIABLE FOR LOSS OF CONVERSATION HISTORY OR DATA UPON CANCELLATION
• OUR TOTAL LIABILITY SHALL NOT EXCEED THE LESSER OF $100 OR THE AMOUNT YOU PAID IN THE PRECEDING 12 MONTHS
• THESE LIMITATIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY
• THESE LIMITATIONS APPLY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES

12. Comprehensive Indemnification

You agree to indemnify, defend, and hold harmless the Company, its parent companies, subsidiaries, affiliates, officers, directors, employees, agents, contractors, licensors, investors, and service providers from and against any and all claims, demands, actions, suits, damages, liabilities, losses, settlements, judgments, costs, and expenses (including reasonable attorneys' fees and court costs) arising from or relating to:

• Your use or misuse of the Service
• Your violation of these Terms or applicable laws
• Any content you generate, share, or distribute using the Service
• Your interactions with the AI or any decisions based on AI-generated content
• Any harm to your mental health or psychological well-being
• Any addiction, dependency, or compulsive use patterns you develop
• Any third-party claims related to your use of the Service
• Your breach of any representation or warranty made herein
• Any negligent or wrongful conduct by you
• Any claims arising from your emotional attachment to the AI
• Any claims arising from relationship problems caused by Service use

13. Mandatory Arbitration and Class Action Waiver

Any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved through binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. You agree that:

• Arbitration shall be conducted in Cheyenne, Wyoming, United States
• The arbitrator's decision shall be final and binding
• You waive any right to a jury trial
• You waive any right to participate in class action lawsuits, class-wide arbitration, or representative actions
• Each party shall bear their own costs and attorneys' fees unless otherwise awarded
• The arbitration shall be confidential
• This arbitration agreement survives termination of these Terms
• Small claims court actions are permitted for claims within jurisdictional limits

14. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Wyoming, United States, without regard to its conflict of law principles. Any legal action not subject to arbitration shall be brought exclusively in the state or federal courts located in Laramie County, Wyoming. You irrevocably consent to the jurisdiction and venue of such courts.

15. Modifications and Updates

We reserve the absolute right to modify, update, or replace these Terms at any time without prior notice. Changes become effective immediately upon posting. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms. It is your responsibility to review these Terms periodically for changes. We may notify you of material changes via email or in-app notification, but are not obligated to do so.

16. Termination Rights

We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination:

• Your right to use the Service ceases immediately
• All conversation history and data will be permanently deleted
• No refunds will be provided for unused subscription time
• All provisions that by their nature should survive termination shall survive
• You remain liable for all obligations incurred prior to termination

17. Intellectual Property Rights

The Service and its original content, features, and functionality are and will remain the exclusive property of the Company and its licensors. The Service is protected by copyright, trademark, patent, and other laws. You may not:

• Reproduce, distribute, modify, or create derivative works of any part of the Service
• Use any Company trademarks or branding without express written permission
• Remove or alter any copyright, trademark, or proprietary notices
• Access or use the Service for competitive purposes
• Extract or scrape data from the Service using automated means

18. Export Control and International Use

The Service may be subject to export control laws and regulations. You represent that you are not located in a country subject to U.S. government embargo or designated as a "terrorist supporting" country, and that you are not on any U.S. government list of prohibited or restricted parties. You agree to comply with all applicable export control laws and regulations.

19. Severability and Enforceability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall remain in full force and effect. The invalid provision shall be replaced with a valid provision that most closely approximates the intent of the original provision to the maximum extent permitted by law.

20. Entire Agreement and Integration

These Terms, together with our Privacy Policy and any other legal notices published by us on the Service, constitute the entire agreement between you and the Company concerning the Service and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and the Company.

21. Force Majeure

We shall not be liable for any failure or delay in performance under these Terms which is due to fire, flood, earthquake, elements of nature, acts of God, acts of war, terrorism, riots, civil disorders, rebellions, pandemics, government actions, or other similar causes beyond our reasonable control.

22. No Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of the Company.

23. Assignment

You may not assign or transfer these Terms or your rights hereunder, in whole or in part, without our prior written consent. We may assign these Terms at any time without notice or consent. Any attempted assignment in violation of this section shall be null and void.

24. Survival

All provisions of these Terms which by their nature should survive termination shall survive, including without limitation: ownership provisions, warranty disclaimers, indemnification obligations, limitations of liability, dispute resolution provisions, and governing law provisions.