DearWith Terms of Service
These Terms of Service ("Terms") are a legally binding agreement between you and UNIUME PTE. LTD., a Singapore company ("DearWith," "we," "us," or "our"). These Terms govern your access to and use of DearWith, including our iOS application, web products, websites, APIs, support channels, and related services (collectively, the "Service").
Please read these Terms carefully. By creating an account, accessing, purchasing, or using the Service, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Service.
This document is written for a privacy-first AI companion product. DearWith is designed to help users create and manage private Presences, build memory and relationship context, and authorize selected people to interact with those Presences. The Service is not a public social network, not a medical or mental health service, and not a substitute for professional advice.
Important Notice and Key Terms Summary
This summary highlights important terms, but it does not replace the full Terms. Please read the full Terms and the Privacy Policy carefully. If this summary conflicts with the full Terms, the full Terms control to the extent permitted by law.
- Age 16+. DearWith is intended only for users who are at least 16 years old.
- AI companion, not professional services. AI Output is not medical, mental health, legal, financial, emergency, or other professional advice.
- User Content remains yours. DearWith receives only a limited operational license needed to provide, secure, maintain, troubleshoot, and support the Service.
- Private conversations are protected. DearWith does not routinely conduct human review of Private Conversation Content, and access is limited to authorized situations.
- No model training. DearWith does not and will not use user personal data, Presence settings, uploaded materials, memory inputs, Private Conversation Content, or chat content to train any AI models.
- Paid Services and refunds. Subscriptions, renewals, cancellations, refunds, and cooling-off rights depend on the purchase channel, platform rules, product terms, and applicable law.
- Third-party providers and data transfers. The Service may rely on cloud infrastructure, model API providers, Apple, and other Service Providers, and personal data may be processed in the United States or other jurisdictions.
- Important legal limits. These Terms include disclaimers, limitations of liability, account suspension/termination rules, governing law, dispute resolution, and regional mandatory-rights provisions.
1. Company Information and Overview
1.1 DearWith is operated by UNIUME PTE. LTD., a company incorporated in Singapore.
1.2 DearWith provides an invite-based AI companion service that may allow users to create Presences, build private memory and profile context, and authorize selected visitors to interact with those Presences.
1.3 The Service may involve processing of user-provided text, Presence settings, memory inputs, relationship context, chat messages, metadata, and AI-generated outputs.
1.4 Our Privacy Policy explains how we collect, use, disclose, store, and protect personal data. The Privacy Policy forms part of these Terms.
1.5 If there is a conflict between these Terms and a product-specific purchase page or entitlement record, the more specific purchase or entitlement terms govern only for that purchased product.
2. Definitions
For purposes of these Terms:
2.1 "Account" means the registered account used to access the Service.
2.2 "Presence" means DearWith's product term for a user's AI avatar: an AI-based conversational profile configured through user-provided content, settings, memory, permissions, and optional Time Capsule materials.
2.3 "Time Capsule" means creator-uploaded pre-recorded voice, video, image, and related timing or trigger metadata configured for contextual delivery in conversations with authorized Visitors. Time Capsule does not include voice cloning, voice synthesis, or biometric voice modeling unless separately launched and expressly disclosed.
2.4 "AI Output" means text or other content generated by AI systems in response to prompts, context, or user inputs.
2.5 "Creator" means the user who creates or controls a Presence.
2.6 "Visitor" means a user authorized by a Creator to interact with a Presence.
2.7 "User Content" means content submitted, uploaded, configured, generated through user action, or otherwise provided by users, including profile text, memory inputs, relationship descriptions, prompts, chat messages, files, Time Capsule materials, related trigger metadata, feedback, and settings.
2.8 "Private Conversation Content" means chat content and conversation context between a user and a Presence, including user messages and AI replies.
2.9 "Memorial Service" means a paid product or entitlement designed for longer-term Presence retention or memorial-related usage, as described at purchase.
2.10 "Entitlement Snapshot" means the purchase-time record of product scope, service period, included rights, exclusions, and applicable product version.
2.11 "Service Provider" means a third-party processor, infrastructure provider, model API provider, platform, payment processor, or vendor that helps us operate the Service.
2.12 "Digital Persona Rights" means rights relating to a person's identity and personality attributes, including name, image, likeness, voice, biographical details, private communications, and comparable publicity or personality rights recognized by applicable law.
3. Eligibility and Age Requirement
3.1 DearWith is intended only for users who are at least 16 years old.
3.2 You may not create an Account or use the Service if you are under 16.
3.3 If you are 16 or older but below the age of legal majority in your jurisdiction, you represent that you have any parental or guardian permission required by applicable law.
3.4 The Service is not directed to children under 13. We do not knowingly collect personal information from children under 13. This statement is included to support child privacy compliance and does not reduce our 16+ eligibility requirement.
3.5 If we reasonably believe a user is under 16, or if we learn that we have collected personal data from a user who does not meet the age requirement, we may suspend or terminate the Account and delete or restrict related data as required by law.
3.6 You agree not to help a person under 16 access the Service or submit personal data through your Account.
4. Service Description and Product Boundaries
DearWith may include the following features, depending on release status, region, account tier, and product availability:
4.1 Account registration and profile management.
4.2 Presence creation, configuration, and management.
4.3 Private memory-building through structured forms or conversational input.
4.4 Relationship context, memories, dialogue examples, and permission settings.
4.5 Invite-based access for authorized Visitors.
4.6 AI conversations generated from permitted context.
4.7 Time Capsule feature where launched, allowing a Creator to upload pre-recorded voice, video, or images for contextual delivery in authorized conversations.
4.8 Paid subscriptions, one-time purchases, or Memorial Service entitlements.
4.9 Safety, abuse prevention, and account integrity features.
DearWith is not designed as a public social network. Unless expressly launched as a product feature, the Service does not include public discovery of Presences, public follower relationships, public social feeds, or unrestricted public access to private Presences.
5. Version 1 Feature Scope
5.1 Version 1 core commitments are limited to features expressly described in current product materials and purchase pages.
5.2 As described in Section 4.7, Version 1 may include a Time Capsule feature where launched, allowing Creator-uploaded pre-recorded voice, video, or image materials to be contextually delivered in authorized conversations.
5.3 Voice synthesis, voice cloning, biometric voice modeling, and real chat-history import are not included in Version 1 core commitments unless expressly launched and separately disclosed.
5.4 Future features may require separate terms, notices, consent flows, or payment.
5.5 Roadmaps, previews, internal plans, or marketing references to possible future features are not contractual commitments unless expressly included in the purchase page or Entitlement Snapshot.
5.6 We may add, change, suspend, or discontinue features for security, legal, compliance, vendor, technical, cost, or quality reasons.
6. Account Registration and Security
6.1 You must provide accurate, current, and complete registration information.
6.2 You are responsible for protecting your login credentials and for activity under your Account.
6.3 You must notify us promptly if you suspect unauthorized access or a security incident.
6.4 We may require verification steps for account security, anti-fraud, payment integrity, or legal compliance.
6.5 You may not sell, transfer, lease, share, or assign your Account without our prior written consent.
6.6 We may suspend access where we reasonably believe an Account is compromised, used unlawfully, or used in violation of these Terms.
7. User Conduct and Prohibited Activities
You agree not to use the Service to:
7.1 Violate laws, regulations, court orders, sanctions, or platform rules.
7.2 Infringe privacy, publicity, intellectual property, contract, or other third-party rights.
7.3 Impersonate, deceive, defraud, threaten, harass, stalk, exploit, or abuse others.
7.4 Upload or submit personal data about others without lawful authority or required consent.
7.5 Create or use Presences in a way that materially misleads others about AI identity. This does not prohibit DearWith's core feature of creating Presences for authorized conversations; it prohibits hiding, falsifying, or removing clear AI disclosure, or pretending that a Presence is a live real person making real-time statements.
7.6 Generate deceptive, harmful, defamatory, discriminatory, sexual, exploitative, or violent content.
7.7 Target, solicit, groom, exploit, or endanger minors.
7.8 Provide or solicit professional medical, legal, financial, emergency, or other high-risk advice as a substitute for qualified professionals, or use AI Output alone for high-risk decisions. General educational, informational, or companionship-style discussion is permitted only if it is not presented or relied on as professional advice.
7.9 Use the Service for self-harm encouragement, crisis manipulation, coercion, or emotional abuse.
7.10 Reverse engineer, decompile, scrape, overload, disrupt, or attack the Service.
7.11 Bypass safety controls, access controls, subscription limits, rate limits, or moderation systems.
7.12 Use automated scripts, bots, or bulk account creation without authorization.
7.13 Upload malware, spyware, harmful code, or content designed to compromise systems or data.
7.14 Upload, publish, schedule, or share Time Capsule voice, video, image, or related metadata without lawful authority, required consent, or rights holder permission.
7.15 Upload Time Capsule content containing another identifiable person's voice or image, or content involving a minor, without permissions required by applicable law and the ability to provide reasonable supporting evidence upon legitimate dispute or safety review.
7.16 Use a Presence or Time Capsule to target a specific person for intimidation, harassment, coercive control, reputational harm, or incitement of real-world harm.
8. Privacy-First User Content Rights and Limited Processing License
DearWith is designed to protect private user conversations and Presence settings. This Section explains the limited legal permission we need to operate the Service.
Private Conversation Content Rules
8.1 We do not routinely review Private Conversation Content.
8.2 Access to or review of Private Conversation Content is limited to circumstances such as user request, technical support, security investigation, abuse prevention, legal compliance, safety review, consent or rights disputes, enforcement of these Terms, or lawful requests from competent authorities.
8.3 Any access to Private Conversation Content is limited to the least amount reasonably necessary and should be performed only by authorized personnel or Service Providers subject to applicable contractual and technical safeguards.
8.4 Private Conversation Content may include both User Content and AI Output. The user-provided portions of Private Conversation Content, such as your messages, prompts, uploaded materials, and relationship context, remain your User Content or the content of the applicable lawful rights holder, subject only to the limited license in this Section. AI Output is handled separately under Section 15 and does not change DearWith's privacy-first handling commitments for Private Conversation Content.
General User Content Rules
8.5 You retain your rights in your User Content, including your input text, uploaded materials, Time Capsule materials, profile content, memory-building content, relationship context, and the user-provided portions of private conversations.
8.6 You grant DearWith a limited, non-exclusive, worldwide, royalty-free license to store, transmit, process, format, and generate responses from User Content only as necessary to provide, secure, maintain, troubleshoot, and support the Service for you and your authorized interactions.
8.7 This license does not allow DearWith to sell your User Content, use it for cross-context behavioral advertising, or use it to train any AI models.
8.8 DearWith does not claim ownership of your User Content.
8.9 Time Capsule-specific handling, consent-risk controls, and dispute workflows are set out separately under Time Capsule-Specific Rules below and apply in addition to these general rules.
8.10 We do not conduct unnecessary routine manual review of User Content outside Private Conversation Content. Access to or review of such User Content is limited to circumstances such as user request, technical support, security investigation, abuse prevention, legal compliance, safety review, consent or rights disputes, or enforcement of these Terms.
8.11 Service Providers may process User Content only as needed to provide services to DearWith and subject to applicable contractual and technical safeguards.
8.12 You represent that you have the rights and permissions necessary to submit User Content, including any personal data about another person.
8.13 If you submit information about another person, you are responsible for ensuring you have a lawful basis or appropriate consent.
8.14 You may delete certain User Content through product controls where available. Deletion may be subject to backup cycles, legal retention, security logs, or unresolved dispute requirements described in the Privacy Policy.
8.15 If your User Content includes another person's identity elements (including likeness, voice, biography, or private messages), you represent that you have all rights, permissions, and lawful basis required to use them in this Service.
8.16 If you create or operate a Presence based on a real or deceased person, you are solely responsible for rights clearance, permissions from estate or rights holders where required, and legal compliance in relevant jurisdictions.
Time Capsule-Specific Rules
8.17 Time Capsule materials remain part of User Content, and rights in those materials remain with you or the applicable lawful rights holder, subject only to the limited license in this Section.
8.18 If you upload Time Capsule voice, video, image, or similar materials, you grant DearWith the same limited operational license in this Section solely to store, process, and deliver those materials according to your settings and applicable product controls.
8.19 Due to voice/image sensitivity and consent-risk characteristics, DearWith may apply additional access controls, authenticity checks, or authority-verification steps in dispute or safety scenarios.
9. Presence Permissions and Privacy Boundaries
9.1 Creators control who may access their Presences through available permission settings.
9.2 Visitors may interact only with Presences for which they have authorization.
9.3 A Creator does not automatically receive a Visitor's private chat history with the Creator's Presence unless the product expressly provides that feature with clear notice and appropriate consent.
9.4 "Visitor conversations" means conversations between a Visitor and an authorized Presence. We may process such conversations to provide replies to that same Visitor and, where enabled with notice or product controls, to maintain relationship-specific context for that Visitor-Presence pair. These conversations are not automatically shown to the Creator unless the product expressly provides that feature with clear notice and appropriate consent.
9.5 Users must not use screenshots, exports, or copied content from DearWith to harass, shame, deceive, or harm others.
9.6 If access is revoked, the Visitor may lose future access to that Presence, subject to applicable product design, safety, and legal requirements.
9.7 Where Time Capsule is enabled, Creator-configured delivery controls determine when eligible voice, video, or image materials may appear in authorized conversations.
10. AI Output Disclaimer and Professional Advice
10.1 AI Output is generated by machine systems and may be inaccurate, incomplete, outdated, biased, offensive, or inappropriate.
10.2 AI Output does not represent the actual statements, intentions, legal declarations, consent, diagnosis, prescription, or professional judgment of any real person.
10.3 Even if a Presence is created by or based on a doctor, lawyer, professor, engineer, therapist, accountant, financial advisor, or other professional, AI Output from DearWith is not professional advice and does not create a professional-client, doctor-patient, therapist-patient, attorney-client, fiduciary, or similar relationship.
10.4 Unless you separately enter into a professional services relationship outside DearWith with a qualified professional, you should not rely on AI Output as professional advice.
10.5 DearWith is for companion interaction, remembrance, and communication support. It is not designed for emergency response or high-risk decisions.
10.6 Where required by law, DearWith will provide clear disclosure that users are interacting with AI, including at or before first interaction where applicable.
10.7 If DearWith publishes AI-generated demonstration materials for product education or marketing, we will identify them as demo or AI-generated content and will not represent them as real private user conversations.
10.8 Where required by law, we may apply additional transparency controls, including labeling AI-generated or AI-manipulated content and maintaining technical detectability measures for eligible synthetic content.
10.9 You must not remove, hide, or falsify AI transparency labels, metadata, notices, or other integrity markers that are provided by DearWith.
10.10 Where required by law, if AI-generated or AI-manipulated content is published to inform the public on matters of public interest, we may provide additional disclosure notices for synthetic content, including deepfake-related notices where applicable.
11. Medical, Mental Health, and Crisis Disclaimer
11.1 DearWith is not a healthcare provider, mental health provider, crisis service, therapy service, counseling service, or medical device.
11.2 AI Output is not medical advice, diagnosis, treatment, therapy, counseling, prescription, or emergency support.
11.3 If you have a medical emergency, mental health crisis, thoughts of self-harm, or thoughts of harming others, contact emergency services or a qualified crisis resource in your location immediately.
11.4 Presences may discuss sensitive emotional topics, grief, memory, family relationships, illness, or loss, but these interactions are not a substitute for qualified professional support.
11.5 We may apply safety interventions, content restrictions, crisis messaging, account restrictions, reporting, or emergency-resource notices where reasonably necessary for safety or legal compliance.
11.6 DearWith does not intentionally design Presences to encourage self-harm, suicide, violence, or harm to others, and users must not configure Presences or content to do so.
11.7 AI systems may fail to recognize crisis situations, may respond imperfectly, and cannot replace emergency services, crisis hotlines, clinicians, therapists, or other qualified support.
11.8 You remain responsible for your own decisions and for seeking qualified professional or emergency support when needed.
11.9 To the maximum extent permitted by law, DearWith is not responsible for harm caused by reliance on AI Output, user misuse, or failure to seek appropriate professional or emergency help, except where liability cannot be excluded by law.
12. Safety, Moderation, and Enforcement
12.1 We may use automated systems and human-assisted review to detect abuse, fraud, safety risks, illegal content, or policy violations.
12.2 We may remove content, restrict features, limit access, suspend Accounts, terminate Accounts, or preserve evidence where reasonably necessary.
12.3 We may report suspected child exploitation, credible threats, fraud, security incidents, or other serious unlawful activity to appropriate authorities when legally required or reasonably appropriate.
12.4 We may consider user reports, technical signals, account history, product context, and applicable law in enforcement decisions.
12.5 We do not pre-screen every interaction and cannot guarantee prevention of all harmful content. However, we implement reasonable, risk-based safety measures, provide user reporting and support channels where applicable, and may act to protect users, the Service, and legal compliance.
12.6 During investigations, we may temporarily restrict account features such as sharing, invitation, export, or content portability where reasonably necessary for safety, legal compliance, evidence preservation, or abuse prevention.
12.7 Where feasible and lawful, we may provide notice of significant enforcement action and a channel to request review.
12.8 Review requests should normally be submitted within 30 days after notice unless applicable law requires a different period.
12.9 Where your violation causes substantial investigation, remediation, incident response, or legal compliance costs, DearWith may seek recovery of reasonable costs to the extent permitted by law.
12.10 For Time Capsule, Digital Persona Rights, or consent disputes, we may request reasonable evidence of authority, consent, or other lawful basis from uploaders, Creators, or account controllers. Reasonable evidence may include, for example, consent records, rights-holder authorizations, relationship or representative authority documents, or other materials reasonably sufficient for review.
12.11 If requested evidence is not provided within a reasonable period (generally 7 to 14 days unless law, urgent safety risk, or platform requirements justify a different timeline), appears materially unreliable, or risk remains unresolved, we may apply proportionate measures, including disabling specific Time Capsule items, restricting related features, limiting sharing/export, or suspending relevant permissions while review continues.
12.12 Where there is materially credible high risk (such as suspected minor exploitation, credible threats, or clear rights infringement), we may apply temporary content-level restrictions before verification is completed. If verification later confirms sufficient lawful basis, we may restore affected access or features where feasible and appropriate.
12.13 This verification and risk-control mechanism does not constitute routine monitoring or generalized manual review of User Content.
12.14 For uploaded materials, user inputs, and AI interactions (including Time Capsule media), we may apply risk-based automated safety screening (such as classification or matching signals where available) to identify potentially serious unlawful harm scenarios. High-risk signals may trigger temporary content-level restrictions and, where needed, human-assisted review under least-necessary access controls.
13. Paid Services, Billing, Renewal, and Refunds
13.1 Certain features may require payment, including subscriptions, one-time purchases, or Memorial Service-related entitlements.
13.2 Prices, billing cycles, taxes, renewal terms, included rights, exclusions, and service periods are shown at purchase.
13.3 If you purchase through Apple App Store or another app platform, payment, cancellation, refund requests, and certain consumer disclosures may be handled by that platform under its rules.
13.4 Subscription products may auto-renew unless canceled before renewal according to the platform or billing channel rules.
13.5 Cancellation generally stops future renewal but does not automatically refund fees already paid unless required by law or platform policy.
13.6 Digital content and digital services may be subject to jurisdiction-specific cancellation or withdrawal rights. In some jurisdictions, users may have a statutory cooling-off or withdrawal period unless they consent to immediate digital performance and acknowledge loss of withdrawal rights where permitted by law.
13.7 Nothing in these Terms limits non-waivable consumer rights, statutory refunds, cancellation rights, cooling-off rights, or remedies available in your jurisdiction.
13.8 For App Store purchases, refund requests may need to be submitted through Apple. We may not be able to directly issue refunds for transactions controlled by Apple.
13.9 For web purchases, if available, refund eligibility will be governed by the purchase page, applicable product terms, and non-waivable consumer protection laws.
13.10 We may refuse refunds where we reasonably detect fraud, abuse, account sharing, chargeback abuse, or violation of these Terms, except where prohibited by law.
14. Memorial Service and Long-Term Retention
14.1 Memorial Service scope, service period, data retention, visitor rights, limits, and exclusions are governed by the purchase page and Entitlement Snapshot at the time of purchase.
14.2 If a Memorial Service states a fixed service or retention period, such as 15 years, that period is the applicable commitment for that product. It is not a perpetual availability promise unless expressly stated.
14.3 Memorial Service commitments may be subject to legal compliance, security requirements, platform restrictions, force majeure, and technical maintenance.
14.4 New capabilities released after purchase are not guaranteed to be included in prior purchases unless expressly stated. However, DearWith may make new capabilities available to existing users in the applicable tier at our discretion or where described in product materials.
14.5 Voice cloning, voice synthesis, real chat-history import, legacy contact management, public publishing, or export by a legacy manager are not included unless expressly launched and included in the product terms. Creator-uploaded Time Capsule materials (pre-recorded voice, video, or image) may be available where expressly included in product materials.
14.6 We recommend preserving purchase records and Entitlement Snapshots for Memorial Service-related products.
14.7 Where product controls support it, a Creator may designate a trusted contact or representative for limited memorial governance actions.
14.8 Where product controls support it, a Creator may pre-authorize limited representative permissions during the Creator's lifetime.
14.9 Unless the Creator explicitly opts in to specific additional actions, such pre-authorized permissions are limited to low-risk account-management actions (for example, renewal management or visitor-access administration). High-impact actions, including edits to core identity, memory, or Time Capsule materials, may remain restricted and may require additional verification.
14.10 If we receive a request claiming that a Creator is deceased or legally incapacitated, we may require verification documents and place affected features in a temporary protective state while review is ongoing.
14.11 After verification, we may allow only limited actions to an authorized representative, such as renewal management, visitor access management, or deletion requests. We may restrict editing of core identity, memory, and Time Capsule materials unless product controls or applicable law clearly allow those changes.
14.12 If there are conflicting claims from family members, representatives, rights holders, or other parties, we may freeze disputed actions, preserve relevant records, and maintain limited service state until the conflict is reasonably resolved.
14.13 Unless required by applicable law or expressly provided in product-specific terms, account ownership does not automatically transfer by inheritance, relationship status, memorial purchase, or representative designation.
14.14 An authorized representative acts as a limited account manager, not an account owner.
15. Intellectual Property and Ownership
15.1 DearWith owns or licenses the Service, software, interfaces, design elements, documentation, trademarks, logos, systems, prompts created by DearWith, and related technology.
15.2 You retain ownership of your User Content, subject to the limited license in Section 8.
15.3 Creator-provided Presence configuration content, including profile text, memory inputs, relationship descriptions, dialogue examples, and Creator-uploaded Time Capsule materials, remains owned by the Creator or the lawful rights holder.
15.4 Visitor inputs remain owned by the Visitor or applicable rights holder.
15.5 AI Output may not be unique. Similar or identical output may be generated for other users.
15.6 To the extent permitted by applicable law and subject to third-party rights, DearWith does not claim ownership over AI Output generated for your private use. You may use AI Output for lawful personal purposes, subject to these Terms.
15.7 You may not use AI Output to mislead others, impersonate a real person, violate privacy rights, infringe intellectual property rights, create professional advice, or suggest that a real person personally authored or approved the output.
15.8 DearWith may exercise limited operational rights over AI Output solely as necessary to provide, secure, maintain, moderate for safety, and troubleshoot the Service. This does not grant DearWith ownership of User Content or AI Output, and does not expand access to Private Conversation Content beyond the limits described in Section 8 and the Privacy Policy.
15.9 Feedback, suggestions, or ideas you provide may be used by DearWith without obligation to compensate you.
15.10 Nothing in these Terms transfers DearWith's platform IP, model integrations, software, templates, design, safety systems, or service know-how to you.
16. Third-Party Providers and Model APIs
16.1 DearWith uses Service Providers for cloud infrastructure, model APIs, payment processing, communications, security, diagnostics, and support.
16.2 Model API providers may process prompts, context, and related metadata solely to provide AI functionality to DearWith, subject to applicable provider terms, enterprise/API settings, data processing protections, and no-training restrictions where available.
16.3 DearWith does not and will not use user personal data, Presence settings, uploaded materials, Time Capsule materials, memory inputs, Private Conversation Content, or chat content to train any AI models.
16.4 DearWith does not operate its own foundation model or large language model.
16.5 We may change Service Providers for legal, compliance, reliability, security, quality, cost, availability, or technical reasons.
16.6 We will maintain a sub-processor or provider disclosure where appropriate under the Privacy Policy.
16.7 DearWith is not responsible for downtime, degraded performance, or service interruptions caused by third-party providers, external infrastructure failures, or upstream platform decisions beyond DearWith's reasonable control.
17. Data Transfers and Privacy Compliance
17.1 Use of the Service may involve processing, storage, and transfer of personal data across borders, including to the United States.
17.2 Our servers are expected to use Amazon Web Services infrastructure in the United States, including in or around the Los Angeles region, subject to deployment decisions.
17.3 AI model providers and other Service Providers may process data in the United States or other jurisdictions as disclosed in the Privacy Policy.
17.4 We implement contractual, technical, and organizational safeguards for cross-border processing where required by law, including data processing terms, confidentiality commitments, purpose limitations, access controls, encryption where appropriate, retention/deletion obligations, and transfer safeguards such as Standard Contractual Clauses or comparable mechanisms where applicable.
17.5 For Singapore-origin personal data transferred overseas, we take steps intended to provide a comparable standard of protection as required by the Singapore PDPA.
17.6 For EEA, UK, or Swiss personal data, where applicable, we rely on appropriate transfer mechanisms such as Standard Contractual Clauses, the UK International Data Transfer Addendum, adequacy decisions, or other legally recognized safeguards.
17.7 For U.S., Canadian, Australian, and other users, we apply applicable privacy and consumer protection requirements based on the user's location and the Service availability region.
17.8 Cross-border processing may expose personal data to lawful access requests from courts, regulators, or law enforcement in the relevant jurisdictions.
17.9 The Privacy Policy provides more detail about data categories, processing purposes, retention, user rights, child privacy, and regional notices.
17.10 Unless otherwise required by law or expressly stated in product-specific terms, DearWith does not guarantee data localization in a specific country or region.
18. Service Availability, Changes, and Discontinuation
18.1 Service availability may vary by country, platform, device, network, law, and third-party service availability.
18.2 We may modify, suspend, or discontinue any feature, integration, model provider, region, product tier, or availability condition.
18.3 We aim to provide reasonable notice for material adverse changes where feasible.
18.4 We may make emergency changes without prior notice where necessary for security, legal compliance, platform requirements, or service integrity.
19. Suspension and Termination
We may suspend or terminate your Account or access if:
19.1 You breach these Terms or the Privacy Policy.
19.2 You create safety, security, legal, fraud, or abuse risk, including unresolved consent or authority disputes relating to Time Capsule or identity-rights content.
19.3 You fail to pay fees when due. For non-payment, DearWith may first suspend or downgrade paid features or paid entitlements. Where a free tier is available, access may continue on the free tier. Account-level suspension or termination for non-payment is generally reserved for repeated or prolonged non-payment, chargeback abuse, fraud risk, or situations where law or platform rules require stronger action. Ordinary subscription expiry or an isolated payment failure will generally result in paid-feature suspension or downgrade to a free tier and, by itself, will not trigger full account suspension or termination.
19.4 A platform, payment processor, regulator, or law requires action.
19.5 Your conduct creates potential harm to users, DearWith, or third parties.
Termination may result in loss of access to the Service, User Content, Presences, and paid features, subject to applicable law and product terms.
You may also stop using the Service at any time and may request account deletion through available product controls or support channels.
Effects of suspension or termination:
19.6 Your right to access and use the Service ends to the extent of the suspension or termination.
19.7 We may retain, delete, or anonymize data in accordance with the Privacy Policy, legal obligations, security needs, fraud prevention, dispute handling, and records requirements.
19.8 Data deletion may not be immediate in backups or legal hold systems.
19.9 Fees accrued before termination remain payable unless non-waivable law requires otherwise.
19.10 Product-specific terms (including Memorial Service entitlements) continue to govern any surviving rights and retention commitments.
19.11 Depending on the reason, suspension or termination may apply to paid features only, specific product entitlements, or full account access (including free-tier accounts).
19.12 If your Account is suspended or restricted, you may request review through the contact channels described in these Terms.
19.13 We may request identity verification and supporting information before completing a review.
19.14 We generally aim to respond to review requests within 30 days, subject to complexity, legal constraints, and safety requirements.
19.15 Temporary restrictions may remain in place during investigation and review where reasonably necessary.
20. Export, Sanctions, and Restricted Use
You agree not to use the Service in violation of export control, sanctions, restricted party, anti-terrorism, anti-money laundering, or similar laws applicable to you or DearWith, including applicable United States and Singapore compliance regimes where relevant. We may restrict access, request additional verification, block transactions, or take other required compliance actions.
21. Disclaimer of Warranties
To the maximum extent permitted by law, the Service is provided "as is" and "as available." DearWith disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, non-infringement, accuracy, uninterrupted availability, error-free operation, and suitability of AI Output for any purpose. Some jurisdictions do not allow certain exclusions, so some limitations may not apply to you.
22. Limitation of Liability
To the maximum extent permitted by law:
22.1 DearWith is not liable for indirect, incidental, consequential, special, exemplary, or punitive damages.
22.2 DearWith is not liable for loss of profits, revenue, goodwill, business opportunity, data, emotional distress, reputational harm, or business interruption arising from or related to the Service.
22.3 DearWith is not liable for reliance on AI Output, user misuse, unauthorized third-party access caused by user action, or third-party platform decisions.
22.4 DearWith's total liability for all claims relating to the Service is limited to the greater of: (a) amounts you paid DearWith for the relevant paid service in the 12 months before the claim event, or (b) USD $100.
22.5 Nothing excludes or limits liability that cannot be excluded or limited by applicable law.
23. Indemnification
To the extent permitted by law, you agree to defend, indemnify, and hold harmless DearWith and its affiliates, officers, directors, employees, contractors, and agents from claims, losses, liabilities, damages, and expenses arising from:
23.1 Your breach of these Terms.
23.2 Your unlawful or abusive use of the Service.
23.3 Your User Content.
23.4 Your infringement of third-party rights.
23.5 Your violation of privacy, publicity, professional, consumer protection, or intellectual property rights.
23.6 Any claim that your Presence, User Content, or usage infringes Digital Persona Rights, including rights involving a real or deceased person.
24. Governing Law, Mandatory Rights, and Dispute Resolution
24.1 These Terms are governed by the laws of Singapore, except for conflict-of-law rules.
24.2 This choice of law does not deprive you of non-waivable consumer, privacy, data protection, refund, or platform rights in your place of residence.
24.3 You may have the right to complain to privacy, consumer protection, or platform regulators in your jurisdiction.
24.4 Before formal proceedings, you and DearWith agree to attempt good-faith informal resolution by contacting each other.
24.5 If a dispute is not resolved informally, it may be submitted to arbitration seated in Singapore, unless applicable law requires another forum or gives you a non-waivable right to bring a claim locally.
24.6 Privacy and data protection complaints may be submitted to competent supervisory authorities where applicable.
24.7 If arbitration is unavailable or unenforceable, courts of competent jurisdiction may hear the dispute subject to mandatory law.
25. Regional and Platform-Specific Terms
25.1 Additional regional notices may apply to users in the United States, Canada, European Economic Area, United Kingdom, Australia, New Zealand, Singapore, Hong Kong, Taiwan, Japan, Korea, or other jurisdictions.
25.2 If you download or purchase through Apple App Store, Apple terms, subscription rules, refund processes, and in-app purchase policies may apply.
25.3 If regional law conflicts with these Terms, the mandatory regional law controls only to the extent required.
25.4 For EEA users, if DearWith makes the Service available in the EEA in a manner that triggers GDPR Article 27, DearWith will appoint and publish details for an EU representative before or when legally required, unless an exemption applies.
25.5 For users in jurisdictions with AI-specific transparency laws, including certain U.S. states, DearWith may provide additional AI interaction disclosures, labeling, and rights notices as required by law.
25.6 If DearWith deploys AI functionality in legally defined consequential-decision contexts in specific jurisdictions, we may provide additional notices, post-decision explanations, correction channels, and meaningful human review mechanisms required by those laws.
26. Changes to These Terms
26.1 We may update these Terms from time to time.
26.2 Material changes may be communicated by app notice, website posting, email, or other reasonable means.
26.3 If a change materially affects paid or Memorial Service entitlements, we will handle the change in accordance with applicable law and product terms.
26.4 Continued use after the effective date means you accept the updated Terms.
27. Miscellaneous
27.1 Entire Agreement: These Terms, the Privacy Policy, purchase pages, and product-specific terms form the agreement between you and DearWith.
27.2 Severability: If a provision is invalid, the remaining provisions remain effective.
27.3 No Waiver: Failure to enforce a provision is not a waiver.
27.4 Assignment: You may not assign these Terms without our consent. We may assign these Terms in connection with merger, acquisition, restructuring, sale of assets, or operation of law.
27.5 Force Majeure: We are not liable for delay or failure caused by events beyond reasonable control.
27.6 Language: If translated versions conflict, the English version controls to the extent permitted by law unless a local-language version is required by applicable law.
28. Contact
For questions about these Terms:
- Unified Contact: contact@dearwith.ai (for support, legal, and privacy requests)
- Registered Office: 68 Circular Road, #02-01, 049422, Singapore
- We provide this unified contact channel as our compliance contact pathway for support, legal, privacy, and user-rights requests. Where required by law, we will additionally publish designated representative or regulator-facing contact details in the Privacy Policy or on our official legal notice page once that page is publicly available.