Terms of Service

1. Acceptance of Terms

By accessing or using Someone.app ("the Service"), you agree to be bound by these Terms of Service and our Privacy Policy, which is incorporated by reference. If you do not agree to these terms, do not use the Service.

These terms constitute a legally binding agreement between you and Someone Inc., a Delaware corporation ("Someone," "we," "us," or "our"). Your creation of an account or use of the Service constitutes your electronic acceptance of these terms. If you are accepting on behalf of an organization, you represent that you have the authority to bind that organization to these terms.

2. Definitions

• "Service" — the Someone.app website, API, and all associated features and subdomains
• "User Content" — any content created, uploaded, or generated by you, including characters, prompts, reference images, voice samples, and AI-generated outputs
• "AI-Generated Content" — any images, videos, audio, or other media produced by third-party AI models through the Service
• "Character" — an AI character profile created on the platform, including its parameters and associated content
• "Explore Page" — a public-gallery feature that is not available at launch
• "Credits" — the unit of currency used to generate content on the Service

3. Eligibility & Account Registration

You must be at least 18 years old to use the Service. By creating an account, you represent and warrant that you are at least 18 years of age, that you have not been previously suspended or terminated from the Service, and that your use of the Service does not violate any applicable law or regulation. You may sign up using Google OAuth or email.

You are responsible for maintaining the security of your account credentials and for all activity that occurs under your account. You agree to provide accurate, current, and complete information during registration and to keep your account information up to date. Each individual may maintain only one account (team members may access team features through the team owner's account). Notify us immediately if you suspect unauthorized access to your account.

4. Description of Service

Someone.app is an AI character creation platform. The Service allows you to create AI characters and generate content including images, videos, audio, voice clones, and text-to-speech using third-party AI models from providers including Google, Kling, MiniMax, Qwen, OpenAI, xAI, and others.

The Service acts as a neutral tool platform that provides access to third-party AI models. Someone Inc. does not create, curate, direct, or endorse user-generated content. The specific AI models and providers available may change without notice as we improve the Service. Feature availability varies by subscription plan.

5. Platform as Neutral Tool Provider

Someone Inc. provides tools and infrastructure that enable users to create AI characters and generate content. Someone Inc. does not direct, control, or endorse the content that users create. The platform acts as a conduit to third-party AI model providers — it is the user, not Someone Inc., who selects the character parameters, writes the prompts, and directs the creative output.

Content moderation and safety filtering are primarily performed by the underlying AI model providers. Someone Inc. is not the creator, author, or publisher of AI-Generated Content. Someone Inc. is an "interactive computer service" within the meaning of Section 230 of the Communications Decency Act (47 U.S.C. § 230).

Someone Inc. may, but is not obligated to, review, monitor, edit, or remove User Content at its sole discretion. The exercise or non-exercise of this right does not create any duty, obligation, or liability on the part of Someone Inc. regarding User Content.

6. User Content & Ownership

a. Your Input Content

You retain ownership of content you upload to the Service, including reference images, voice samples, and text prompts. You represent and warrant that you own or have all necessary rights, licenses, and consents for any content you upload. For voice samples, you must be the voice owner or have obtained the voice owner's informed, written consent (see Section 15 of our Privacy Policy regarding biometric data).

b. AI-Generated Output

AI-Generated Content may not be eligible for copyright protection under current United States Copyright Office guidance, which has determined that works generated by AI without sufficient human authorship are not copyrightable. Someone Inc. makes no representation or warranty regarding the copyright status, registrability, or intellectual property protection of any AI-Generated Content. You assume all risk regarding the intellectual property status of content generated through the Service and are solely responsible for determining whether and how to use such content.

c. License to Someone Inc.

By using the Service, you grant Someone Inc. a non-exclusive, worldwide, royalty-free, sublicensable license to host, store, display, transmit, and distribute your User Content solely as necessary to operate and provide the Service. Public sharing and the Explore Page are not available at launch. For content previously shared on the Explore Page, or shared if that feature is enabled in the future, this license includes the right to publicly display, feature, and promote the content within the Service. This license terminates when you delete the content or your account, except for (i) cached or archived copies made in the ordinary course of operations and (ii) content that has been shared with, downloaded by, or remixed by other users. Someone Inc. does not claim ownership of your User Content.

d. AI Provider Terms

AI-Generated Content is also subject to the terms and policies of the respective AI model providers (Google, Kling, MiniMax, OpenAI, xAI, and others). Provider terms may impose additional restrictions on commercial use, redistribution, or other uses of generated content. You are solely responsible for reviewing and complying with applicable provider terms.

7. Character Creation — User Responsibility

You are solely and entirely responsible for all decisions you make when creating characters on the Service, including the selection of physical parameters, personality traits, custom descriptions, and all content generated using those characters. The platform provides tools; the creative decisions and their legal, ethical, and social consequences belong entirely to you.

• All characters must represent fictional entities. Creating characters intended to depict real, identifiable individuals is prohibited unless you have verifiable, written consent from the depicted person (see Section 15).
• All characters must represent adults aged 18 or older. Creation of characters depicting or intended to depict minors is strictly prohibited, regardless of the art style, context, or stated purpose.
• Character parameters (ethnicity, body type, skin tone, etc.) are user-directed creative choices. Someone Inc. bears no responsibility for how you configure characters or for the content generated from those configurations.

8. User Representations & Warranties

By using the Service, you represent and warrant that:

• You are at least 18 years of age
• You own or have all necessary rights, licenses, and consents for all content you upload, including reference images and voice samples
• If you clone a voice, it is either your own voice or you have obtained the voice owner's informed, written consent to the collection and use of their biometric data
• Characters you create do not depict identifiable real persons without their explicit, written consent
• Your use of the Service does not violate any applicable law, regulation, or third-party right, including intellectual property rights, rights of publicity, and rights of privacy
• You will not use AI-Generated Content in any way that violates these Terms, applicable law, or the rights of any third party
• You acknowledge that AI-Generated Content is produced by third-party models and may contain unexpected, inaccurate, or unintended outputs
• You understand that Someone Inc. does not control AI model outputs and that content moderation by AI providers is not guaranteed to prevent all harmful, offensive, or inappropriate content

9. Prohibited Content & Conduct

You may not use the Service to create, upload, store, or distribute content that:

• Is illegal under applicable law
• Depicts child sexual abuse material (CSAM) in any form, or exploits or sexualizes minors in any way
• Creates non-consensual deepfakes or intimate imagery of real people, whether photorealistic or stylized
• Depicts identifiable real individuals in sexual, violent, defamatory, or otherwise harmful contexts without their explicit consent
• Harasses, threatens, intimidates, or bullies any individual
• Impersonates real people without their explicit consent, or is intended to deceive others about the identity of the creator or subject
• Infringes on the intellectual property, right of publicity, right of privacy, or other rights of third parties
• Promotes violence, terrorism, self-harm, or dangerous activities
• Is intended for fraud, deception, scams, or disinformation campaigns
• Contains malware or is designed to disrupt the Service

You may not:

• Reverse engineer, decompile, or disassemble any part of the Service
• Scrape, crawl, or use automated access to the Service except through the authorized API
• Circumvent rate limits, usage restrictions, credit checks, or safety systems
• Resell, sublicense, or redistribute access to the Service or API to third parties
• Attempt to exploit vulnerabilities in AI models or safety filters

We reserve the right to remove content and suspend or terminate accounts that violate these restrictions, without prior notice or refund. Repeated or severe violations will result in permanent account termination.

10. Assumption of Risk

By using the Service, you acknowledge and accept the following risks:

• AI-Generated Content is experimental and may produce unexpected, inaccurate, biased, offensive, or otherwise unsuitable outputs. You assume all risk associated with creating, viewing, downloading, distributing, or commercially using AI-Generated Content.
• Content moderation and safety filtering is primarily performed by third-party AI model providers. No filtering system is perfect, and the Service cannot guarantee that all harmful, offensive, or inappropriate content will be prevented.
• The copyright status of AI-Generated Content is unsettled and evolving law. You assume all risk regarding intellectual property claims, copyright registrability, and the enforceability of any rights in AI-Generated Content.
• If public sharing is enabled in the future and you share content on the Explore Page or otherwise make it public, other users may view, like, or remix your content. You may encounter content created by other users that you find objectionable.
• Third-party AI providers may update, change, or discontinue models at any time, which may affect the quality, style, or availability of content generation.

11. Subscription & Billing

Someone.app operates on a credit-based system. Credits are the universal currency used to generate content. We offer the following subscription plans:

• Starter — $39/month, 270 credits
• Pro — $69/month, 500 credits
• Creator — $199/month, 1,600 credits, priority queue, API access
• Studio — $499/month, 4,500 credits, priority queue, API access, 5 team seats

Unused subscription credits carry over for one billing period, up to one month's allowance, and then expire.

Subscriptions auto-renew monthly. You may cancel at any time, and your subscription will remain active until the end of the current billing period. No partial refunds are issued for unused time within a billing cycle.

Subscribers may also purchase additional credits as top-up packs at $0.125 per credit (packs of 200, 500, 1,000 or 2,000 credits). Top-up credits and used subscription credits are non-refundable.

Prices are subject to change with at least 30 days' prior notice. If a payment fails, your account may be suspended until the outstanding balance is resolved. Filing a chargeback or payment dispute may result in immediate account suspension pending investigation.

All payments are processed securely through Stripe. We do not store your credit card information.

12. API Usage

API access is available to Creator and Studio plan subscribers. If you use the API, you agree to:

• Respect rate limits (default 60 requests per minute per API key)
• Use the API for your own applications and workflows only
• Not resell, sublicense, or redistribute API access to third parties
• Keep your API keys secure and revoke compromised keys immediately
• Abide by all other terms in this agreement when using the API

The API is provided "as is." We may modify, deprecate, or remove API endpoints with reasonable notice. Webhook delivery is provided on a best-effort basis; webhook delivery logs are retained for 30 days. We may throttle or suspend API access if we detect abuse, excessive load, or violations of these terms. If you downgrade from the Studio plan, API keys will stop functioning immediately.

13. Team Accounts

Studio plan subscribers may invite up to 5 team members who share the account's credit pool and character library. The team owner (the account holder) is jointly and severally responsible for all activity performed by team members, including content generation, credit usage, and compliance with these Terms. The team owner must ensure that all team members are aware of and comply with these Terms. The team owner may remove members at any time; removed members lose access to team resources immediately. Removal does not affect content already generated by the removed member.

14. DMCA & Copyright Takedown

Someone Inc. respects the intellectual property rights of others and expects users to do the same. In accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512), we will respond promptly to notices of alleged copyright infringement.

Filing a takedown notice

If you believe that content on the Service infringes your copyright, send a written notice to our designated DMCA agent at support@someone.app including: (1) identification of the copyrighted work; (2) identification of the allegedly infringing material and its location on the Service; (3) your contact information; (4) a statement of good faith belief that the use is unauthorized; (5) a statement under penalty of perjury that the information is accurate and you are authorized to act on behalf of the copyright owner; and (6) your physical or electronic signature.

Counter-notification

If you believe your content was removed in error, you may submit a counter-notification containing: (1) identification of the removed material; (2) a statement under penalty of perjury that removal was a mistake or misidentification; (3) your consent to jurisdiction in the federal courts of Delaware; and (4) your physical or electronic signature.

Repeat infringers

We maintain a policy of terminating accounts of users who are repeat copyright infringers. Multiple valid DMCA notices against an account will result in permanent termination.

15. Right of Publicity

You must not use the Service to create characters that are intended to depict, impersonate, or evoke the likeness of any real, identifiable person without that person's explicit, written consent. You must not use the Service to generate content featuring identifiable real individuals without their consent.

You agree to indemnify and hold harmless Someone Inc. from any and all claims arising from right of publicity violations related to your use of the Service. Someone Inc. reserves the right to remove any content that it believes, in its sole discretion, depicts or is intended to depict real individuals without proper authorization.

16. Indemnification

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

• Your use of the Service
• Your User Content, including all characters you create and all content generated using those characters
• Your violation of these Terms
• Your violation of any third party's rights, including intellectual property rights, rights of publicity, and rights of privacy
• Your violation of any applicable law or regulation
• Your use, distribution, commercial exploitation, or publication of AI-Generated Content
• Any claims by any person whose voice was cloned by you through the Service
• Any claims related to the content, accuracy, legality, or intellectual property status of AI-Generated Content you create or distribute

This indemnification obligation survives the termination or expiration of your account and these Terms.

17. Disclaimer of Warranties

18. Limitation of Liability

19. Dispute Resolution & Arbitration

Informal resolution

Before initiating any formal dispute resolution, you agree to first contact us at support@someone.app and attempt to resolve the dispute informally for at least 30 days.

Binding arbitration

If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall take place in Delaware or, at your election, via telephone or video conference. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Class action waiver

YOU AND SOMEONE INC. AGREE THAT ALL DISPUTES MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING.

Exceptions

Either party may bring claims in small claims court if the claims qualify. Someone Inc. may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights or unauthorized access to the Service.

Opt-out

You may opt out of this arbitration agreement by sending written notice to support@someone.app within 30 days of creating your account. If you opt out, disputes will be resolved in the state or federal courts located in Delaware.

Governing law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law principles.

20. AI-Generated Content Disclaimer

All content produced through the Service is generated by third-party AI models. AI-Generated Content may contain errors, inaccuracies, artifacts, biases, or unintended outputs. The Service does not guarantee that generated content will be factually accurate, complete, non-infringing, or free of bias.

Someone Inc. does not endorse, verify, or take responsibility for the substance of any AI-Generated Content. You should review all generated content before using, sharing, or distributing it.

AI models may refuse certain prompts or produce modified outputs due to provider-side safety filters. This behavior is outside Someone Inc.'s control. The quality, style, capabilities, and availability of AI models may change at any time as providers update their models.

21. Intellectual Property

The Someone.app brand, logo, user interface, design, and underlying code are the intellectual property of Someone Inc. and are protected by applicable intellectual property laws. You may not copy, modify, or create derivative works from any part of the Service without our written permission.

AI model outputs are subject to the terms and policies of the respective model providers (Google, Kling, MiniMax, OpenAI, xAI, and others). You are responsible for ensuring your use of generated content complies with those providers' terms.

22. Termination

We may suspend or terminate your account at any time if we reasonably believe you have violated these Terms, failed to pay outstanding charges, engaged in abusive or fraudulent conduct, or if required by law. Upon termination for cause, you forfeit any remaining credits and access to the Service. No refund will be issued for forfeited credits.

You may delete your account at any time from the Settings page. Account deletion is permanent and will remove all your data, characters, and generated content from our servers.

The following sections survive termination: Definitions, User Content & Ownership, User Representations & Warranties, Assumption of Risk, Indemnification, Disclaimer of Warranties, Limitation of Liability, Dispute Resolution & Arbitration, and General Provisions.

23. Force Majeure & Service Availability

Someone Inc. shall not be liable for any failure or delay in performance due to events beyond its reasonable control, including but not limited to natural disasters, acts of war or terrorism, pandemics, government actions, internet or telecommunications outages, third-party AI provider outages or service changes, power failures, or cyberattacks. The Service is provided on a commercially reasonable efforts basis. Planned maintenance may cause temporary service interruptions. AI provider availability is outside Someone Inc.'s control and may affect content generation capabilities.

24. Notice Provisions

Notices from Someone Inc. to you will be sent via email to the address associated with your account, or via in-app notification. Notices are deemed received immediately for in-app notifications and 24 hours after email delivery.

Notices from you to Someone Inc. should be sent via email to support@someone.app. You are responsible for keeping your email address current and ensuring you can receive communications from us.

25. Modifications to Terms

We may update these Terms of Service from time to time. When we make material changes, we will notify you via email and provide at least 30 days' notice before the changes take effect. We will also update the "Last updated" date at the top of this page. Non-material changes (such as formatting or clarifications) may take effect immediately upon posting. Your continued use of the Service after the effective date of any changes constitutes your acceptance of the revised terms. If you disagree with any changes, your sole remedy is to stop using the Service and delete your account before the changes take effect.

26. General Provisions

• Severability — if any provision of these Terms is found to be unenforceable or invalid, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect
• Waiver — the failure of Someone Inc. to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision
• Entire agreement — these Terms, together with the Privacy Policy, constitute the entire agreement between you and Someone Inc. regarding the Service and supersede all prior agreements and understandings
• Assignment — Someone Inc. may assign or transfer these Terms in connection with a merger, acquisition, reorganization, or sale of assets. You may not assign or transfer your rights or obligations under these Terms without our prior written consent.
• No third-party beneficiaries — these Terms do not create any rights for any person or entity that is not a party to this agreement
• Headings — section headings are for convenience only and have no legal effect

27. Export Compliance

You agree not to use the Service in violation of any applicable export control laws, trade sanctions, or other restrictions imposed by the United States or any other applicable jurisdiction. You represent that you are not located in a country subject to comprehensive U.S. sanctions and that you are not on any U.S. government restricted party list.

28. Contact

If you have questions about these Terms of Service, please contact us at support@someone.app.

Someone Inc., a Delaware corporation