Terms of Service

Welcome to Tendera. These Terms of Service ("Terms") govern your access to and use of the website at tendera.chat and all related services (collectively, the "Service") operated by Tendera ("we," "us," or "our").

By creating an account, accessing, or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use the Service. We may update these Terms from time to time, and your continued use of the Service constitutes acceptance of any changes.

To use the Service, you must:

• Be at least 18 years of age.
• Have the legal capacity to enter into a binding agreement in your jurisdiction.
• Not be prohibited from using the Service under applicable laws.

By using the Service, you represent and warrant that you meet all of the above eligibility requirements. We reserve the right to terminate accounts that we reasonably believe are operated by individuals under 18.

• You may register using an email address or a supported third-party authentication provider (e.g., Google). You must provide accurate and complete information.
• You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
• You must notify us immediately at support@tendera.chat if you suspect unauthorized access to your account.
• We reserve the right to suspend or terminate accounts that violate these Terms or that we reasonably believe have been compromised.

Tendera is an AI-powered companion chat platform. The Service allows you to interact with AI-generated characters ("Companions") through text-based conversations. Key aspects of the Service include:

• AI Companions: You may choose from multiple AI characters, each with distinct personalities and conversational styles.
• Memory System: The Service includes a memory feature that allows Companions to remember details from previous conversations to enhance personalization.
• Free & Premium Tiers: The Service offers a free tier with daily message limits and a premium subscription tier with unlimited messaging.

Please read these disclaimers carefully:

• Not Real People: Tendera Companions are AI-generated characters. They are not real humans. Any names, personalities, backstories, or emotional expressions are fictional and simulated.
• Not Professional Advice: Companion responses do not constitute medical, legal, financial, psychological, therapeutic, or any other form of professional advice. Do not rely on Companion responses for important decisions. If you need professional help, please consult a qualified professional.
• No Guarantee of Accuracy: AI-generated responses may contain inaccuracies, inconsistencies, or errors. We do not guarantee the accuracy, completeness, or reliability of any Companion response.
• Entertainment Purpose: The Service is designed for entertainment and companionship purposes. It is not a substitute for real human relationships, professional counseling, or mental health services.
• Emotional Well-Being: If you find yourself becoming overly dependent on the Service or experiencing negative emotional effects, we encourage you to take a break and seek support from friends, family, or a mental health professional.

You agree NOT to use the Service to:

• Generate, solicit, or distribute content involving minors in any sexual, abusive, or exploitative context.
• Promote, plan, or incite violence, terrorism, self-harm, or harm to others.
• Harass, threaten, defame, or intimidate any individual or group.
• Engage in any activity that violates applicable laws or regulations.
• Attempt to reverse-engineer, extract, or replicate the AI models, system prompts, or underlying technology of the Service.
• Use automated tools, bots, or scripts to access the Service in a manner that exceeds reasonable use or disrupts the Service.
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity.
• Share your account credentials with others or allow others to access your account.
• Circumvent or attempt to circumvent message limits, paywalls, or other access restrictions.
• Upload or transmit viruses, malware, or other malicious code.

We reserve the right to investigate and take appropriate action against anyone who violates this Section, including removing content, suspending or terminating accounts, and reporting to law enforcement.

7.1 Free Tier

The free tier provides limited daily messages (currently 25 messages per day). Message limits may change at our discretion with reasonable notice.

7.2 Premium Subscription

• The Premium subscription is billed monthly at the rate displayed on our pricing page (currently $9.99/month USD).
• Payment is processed by Lemon Squeezy, our merchant of record. By subscribing, you also agree to Lemon Squeezy's Terms of Service.
• Subscriptions automatically renew each billing cycle unless cancelled before the renewal date.
• Prices may change with at least 30 days' advance notice. Continued use after a price change constitutes acceptance of the new price.

7.3 Cancellation

• You may cancel your Premium subscription at any time through your Lemon Squeezy customer portal or by contacting us.
• Upon cancellation, you will retain Premium access until the end of your current billing period.
• After your subscription expires, your account will revert to the free tier. Your chat history and memory data will be preserved.

7.4 Refunds

Refund requests are handled by Lemon Squeezy in accordance with their refund policy. Generally, we may offer refunds on a case-by-case basis within 14 days of initial purchase. Contact support@tendera.chat for refund inquiries.

8.1 Our Intellectual Property

The Service, including its design, code, AI models, character profiles, system prompts, logos, and all other content created by us, is owned by Tendera and protected by intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the Service without our prior written consent.

8.2 Your Content

You retain ownership of the messages you send through the Service. By using the Service, you grant us a limited, non-exclusive license to process and store your messages solely for the purpose of providing and improving the Service. We will not use your messages for AI model training (see our Privacy Policy for details).

8.3 AI-Generated Content

Responses generated by AI Companions are created by artificial intelligence and may not be subject to copyright protection. You may use Companion responses for personal, non-commercial purposes. You may not use AI-generated responses to create competing products or services.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
• WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
• IN NO EVENT SHALL TENDERA, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE.
• OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM, OR $100 USD, WHICHEVER IS GREATER.

You agree to indemnify, defend, and hold harmless Tendera and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Service.
• Your violation of these Terms.
• Your violation of any applicable law or regulation.
• Your violation of any third party's rights, including intellectual property rights or privacy rights.

• By You: You may terminate your account at any time by contacting us at support@tendera.chat. Upon termination, your right to use the Service will immediately cease.
• By Us: We may suspend or terminate your account and access to the Service at any time, with or without cause, with or without notice. Grounds for termination include, but are not limited to, violation of these Terms, fraudulent activity, or abusive behavior.
• Effect of Termination: Upon termination, we will delete your personal data in accordance with our Privacy Policy. Provisions of these Terms that by their nature should survive termination (including Sections 5, 8, 9, 10, and 13) will survive.

• Terms: We reserve the right to modify these Terms at any time. Material changes will be communicated by posting the updated Terms on this page and updating the "Last Updated" date. For significant changes, we may also notify you via email.
• Service: We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, including character availability, features, message limits, and pricing, with or without notice.

• These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which Tendera operates, without regard to conflict of law principles.
• Any dispute arising out of or relating to these Terms or the Service shall first be attempted to be resolved through good-faith negotiation. If the dispute cannot be resolved within 30 days, it shall be submitted to binding arbitration.
• You agree to resolve disputes on an individual basis. You waive any right to participate in a class action lawsuit or class-wide arbitration.

• Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Tendera regarding the Service.
• Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.
• Waiver: Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.
• Assignment: You may not assign your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations without restriction.
• Force Majeure: We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, pandemics, government actions, or failures of third-party services.

If you have any questions or concerns about these Terms, please contact us:

• General Inquiries: support@tendera.chat
• Privacy Concerns: privacy@tendera.chat
• Website: tendera.chat