Terms of Service

1. Acceptance of these Terms

These Terms of Service (the “Terms”) are a binding agreement between you and Namika (“Namika”, “we”, “us”). By creating an account, accessing, or using the Namika application, website, or any related service (together, the “Service”), you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.

2. What Namika Is and Is For

Namika lets you create a personal AI assistant with a custom face, voice, and personality. Your assistant helps you set positive goals, stay accountable, and have a supportive companion to talk with. The Service exists to help people pursue good, constructive dreams and habits. It is a wellness, productivity, and entertainment product. It is not a medical, psychological, legal, or financial service, and it is not a substitute for human relationships or professional care.

3. Eligibility and Minors

You must be at least 13 years old to use the Service. If you are under the age of majority where you live, you may use the Service only with the consent and under the supervision of a parent or legal guardian who agrees to these Terms on your behalf.

Parents and guardians are solely responsible for supervising a minor’s use of the Service, for the suitability of the Service for that minor, and for any decisions the minor makes based on interactions with the Service. Namika’s assistants produce AI-generated conversation and encouragement. They are not caregivers, counselors, or educators, and must not be relied upon as such for minors or anyone else.

4. Acceptable Use

You agree that you will NOT use the Service to:

• pursue, promote, or seek assistance with harming yourself or others, including suicide, self-injury, eating-disorder behaviors, violence, or threats;
• plan, commit, or facilitate any illegal activity, or seek instructions for weapons, explosives, drugs, fraud, or unauthorized access to systems or data;
• stalk, harass, dox, defame, or impersonate any person;
• create or solicit sexual content involving minors, in any form;
• attempt to bypass, jailbreak, prompt-inject, or otherwise defeat the Service’s safety systems, content moderation, or usage limits, or to redirect conversations toward prohibited content;
• upload or distribute content that infringes any third party’s rights (see Section 5);
• resell, scrape, reverse-engineer, or interfere with the Service.

We employ layered safety measures, including automated moderation of goals and conversations, and we may remove content, refuse requests, suspend features, or terminate accounts to enforce this section, with or without notice.

5. Intellectual Property and Digital Replicas: Zero Tolerance

You agree that you will not use Namika to create, generate, upload, or distribute any AI assistant, voice clone, image, video, or text prompt that infringes upon the intellectual property, copyright, trademark, or right of publicity of any third party. This includes, but is not limited to, unauthorized digital replicas of celebrities, public figures, or copyrighted fictional characters, including their names, faces, voices, likenesses, or distinctive personas.

Creating such assistants, cloning such voices, or posting or publishing content made with them (including videos or recordings of the Service) is prohibited, is not endorsed or encouraged by Namika in any way, and is a material breach of these Terms. You may only upload faces, voices, and other materials that you own or have the legal right to use, such as your own.

Namika maintains a zero-tolerance policy for intellectual-property infringement. We reserve the right to delete violating assistants, voices, and content, and to suspend or permanently ban repeat offenders, without prior warning. You are solely responsible for the content you create with the Service and for any consequences of publishing it.

6. Copyright Complaints (DMCA)

Namika respects intellectual-property rights and complies with the Digital Millennium Copyright Act (17 U.S.C. § 512). If you believe content on the Service infringes your copyright, send a written notice to our Designated Agent at dmca@namika.ai including: (a) your physical or electronic signature; (b) identification of the copyrighted work; (c) identification of the infringing material and information reasonably sufficient to locate it; (d) your contact information; (e) a statement of good-faith belief that the use is not authorized; and (f) a statement, under penalty of perjury, that the notice is accurate and that you are authorized to act for the owner.

We will expeditiously remove or disable access to material identified in a valid notice. If you believe material you posted was removed in error, you may submit a counter-notification containing the elements described in 17 U.S.C. § 512(g). We maintain and enforce a repeat-infringer policy: accounts that repeatedly infringe will be terminated.

7. AI-Generated Content: Limitations and No Reliance

The Service produces content using artificial-intelligence models from third-party providers (for example, Google’s Gemini models) together with our own systems and guardrails. AI is improving constantly, and so are our safety systems, but AI is not perfect. Outputs may be inaccurate, incomplete, outdated, or offensive; models can “hallucinate” false statements; and despite our layered safeguards, users may find ways to provoke, exploit, or redirect conversations toward content we do not endorse.

All assistant output is machine-generated fiction from your inputs. It does not represent the views of Namika, and we do not endorse, approve, or condone any harmful, illegal, or infringing content the Service may be induced to produce. Deliberately eliciting prohibited content is a breach of Section 4, and responsibility for such misuse, and for any actions you take based on assistant output, rests with you.

8. Not Professional Advice; Crisis Resources

Nothing in the Service is medical, mental-health, dietary, legal, tax, investment, or other professional advice, and no assistant is a licensed professional. Always consult a qualified professional before making decisions in those areas. If you are in crisis or thinking about harming yourself, stop using the Service and seek help immediately: in the United States, call or text 988 (Suicide & Crisis Lifeline); elsewhere, contact your local emergency services or crisis line.

9. Your Content and License

You retain ownership of content you submit (messages, goals, photos, voice recordings). You grant Namika a worldwide, non-exclusive license to host, process, and display that content solely to operate and improve the Service (including processing by our AI and infrastructure providers). You represent that you have all rights needed to grant this license.

10. Subscriptions

Paid plans renew automatically until cancelled. Prices, features, and limits may change with notice. Except where required by law, payments are non-refundable.

11. Termination

You may stop using the Service at any time. We may suspend or terminate your access at any time for breach of these Terms, including the zero-tolerance policy in Section 5 and the safety rules in Section 4, or to protect the Service or others. Sections 5 to 9 and 12 to 15 survive termination.

12. Disclaimer of Warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY OF AI OUTPUT, OR UNINTERRUPTED AVAILABILITY.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NAMIKA AND ITS OFFICERS, EMPLOYEES, AND PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS ARISING FROM AI OUTPUT, USER CONTENT, MISUSE OF THE SERVICE, OR DECISIONS MADE IN RELIANCE ON THE SERVICE. OUR AGGREGATE LIABILITY FOR ALL CLAIMS IS LIMITED TO THE GREATER OF (A) AMOUNTS YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM AND (B) US $50. Some jurisdictions do not allow certain limitations; in those, these limits apply to the fullest extent permitted.

14. Indemnification

You will defend and indemnify Namika against claims arising from your content, your use of the Service in breach of these Terms, including any infringement of third-party intellectual-property or publicity rights under Section 5, or your violation of law.

15. Governing Law; Changes; Contact

These Terms are governed by the laws of [GOVERNING JURISDICTION, finalize with counsel], without regard to conflict-of-law rules. We may update these Terms; if changes are material we will give notice in the app or by email, and continued use after the effective date constitutes acceptance. Questions: legal@namika.ai.