Misty Dialogue AI — Terms of Service

This Service is designed for users aged 13 or older. If you are between 13 and the age of majority in your jurisdiction, you may use the Service only with the consent and supervision of your parent or legal guardian.

The Service is operated by the Controller identified in our Privacy Policy. These Terms and the Privacy Policy together form the complete agreement between you and us regarding the Service.

1Description of the Service

Misty Dialogue AI is an artificial intelligence conversation and content generation service. The Service generates text and other outputs based on user prompts. You acknowledge that all AI-generated content is machine-produced and may contain inaccuracies, hallucinations, biases or errors. The Service does not provide professional advice and shall not be relied upon for medical, legal, financial, investment or high-stakes decision-making.

We reserve the right to modify, suspend, restrict or discontinue any feature of the Service at any time, with or without notice. We may release updates, new versions or adjustments to functionality.

2User Accounts

You may use the Service in guest mode without creating an account, or register an account using an email address and a username you select.
You are solely responsible for maintaining the confidentiality of your account credentials. All activities performed under your account are your responsibility.
You must notify us immediately if you become aware of unauthorised access to your account.
You may not share, sell, rent, transfer or license your account to any third party without our prior written approval.
We may suspend or terminate your account if we reasonably suspect unauthorised use, account compromise, or violation of these Terms.

3User Conduct and Prohibited Uses

When using the Service, you agree that you will NOT:

Violate any applicable local, national or international law, regulation or third-party rights;
Generate, upload, transmit or share content that is unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, pornographic, discriminatory, violent or incites harm;
Impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity;
Attempt to reverse engineer, decompile, disassemble, hack, bypass security controls, scrape, crawl or automate bulk requests to the Service without our written permission;
Use the Service to build competing AI models, extract the underlying model weights, or systematically harvest output content for training alternative large language models;
Overload, disrupt, degrade or interfere with the servers, networks or infrastructure supporting the Service;
Use the Service for spam, phishing, fraud, malware distribution or any malicious purpose;
Upload prompts, documents or materials that infringe copyright, trademark, trade secret, privacy or publicity rights of others.

We may review prompts and outputs only to enforce these Terms, respond to legal obligations, or protect the safety of users and our platform. Such processing is governed by our Privacy Policy.

4Intellectual Property Rights

4.1 Our Intellectual Property

We retain all intellectual property rights in the Service, including the AI model, software code, interfaces, trademarks, logos, text, graphics and infrastructure. You receive a limited, non-exclusive, non-transferable, revocable licence to access and use the Service solely for your personal or internal business use subject to these Terms. You may not copy, distribute, modify or sublicense our technology.

4.2 Your Inputs and Generated Content

You own your inputsYou retain ownership of the text, files and prompts you submit to the Service (“User Inputs”).

You may use outputsSubject to these Terms, you may use, modify and share AI outputs generated from your lawful prompts.

Licence to usYou grant us a limited licence to use, store, process and transmit your User Inputs solely to provide the Service, generate responses, maintain security and comply with legal requirements.

Model improvementIf you have consented to model improvement in the Privacy Policy, your deidentified conversation data may also be used for model optimisation in accordance with that consent.

Your responsibilityYou are solely responsible for reviewing, verifying and fact-checking all generated content before relying on or publishing it.

5Paid Features, Billing and Refunds

Some functions of the Service may be available under paid subscription or one-time purchase plans.

You agree to pay all applicable fees for paid features. All fees are stated in the currency displayed at checkout and are non-refundable unless required by mandatory local law.
Payment transactions are handled by third-party payment providers. We do not store full card or CVV data, as described in our Privacy Policy.
We may adjust pricing upon reasonable advance notice. Continued use of paid features after a price change constitutes acceptance of the new price.
We may suspend access to paid services if payment fails, is disputed or is reversed.

6Disclaimers of Warranties

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND UNINTERRUPTED, ERROR-FREE OR SECURE OPERATION.

WE DO NOT WARRANT THAT AI OUTPUTS WILL BE ACCURATE, RELIABLE, SAFE, OR FREE FROM BIAS, HALLUCINATION OR HARMFUL CONTENT.

7Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE, OUR AFFILIATES AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, BUSINESS OR GOODWILL, ARISING FROM YOUR USE OR INABILITY TO USE THE SERVICE.

OUR TOTAL AGGREGATE LIABILITY UNDER THESE TERMS SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS BEFORE THE CLAIM AROSE, OR ONE HUNDRED US DOLLARS (USD 100), WHICHEVER IS GREATER.

This limitation does not apply to liability that cannot be excluded by mandatory law, such as gross negligence, wilful misconduct or death and personal injury.

8Termination

We may suspend, restrict or terminate your access to the Service immediately, without refund obligation, if you materially breach these Terms.

You may stop using the Service at any time and delete your account via the in-app settings. Upon termination:

Your licence to use the Service ends;
We handle your personal data in accordance with our Privacy Policy and applicable data protection law.

9Governing Law and Disputes

To the extent permitted by applicable mandatory consumer protection and data protection law, these Terms and any dispute arising out of or related to the Service shall be governed by the law of Jurisdiction to be inserted. Any dispute shall be submitted to the courts of Jurisdiction to be inserted.

Nothing in this clause limits your statutory rights under GDPR, UK GDPR, CCPA/CPRA, PIPEDA, Australia Privacy Act 1988 or other mandatory local laws.

10Privacy

Your use of the Service is subject to our Privacy Policy, incorporated into these Terms by reference. Our Privacy Policy describes how we collect, use, share, retain and protect personal data, and your data subject rights. Please read it carefully.

11Modifications to Terms

We may revise these Terms from time to time. Material changes will be communicated at least 7 days in advance via in-app notice or email. Your continued use of the Service after the effective date of the revised Terms means you accept the changes. If you do not agree to the updated Terms, you must stop using the Service.

12Contact

For questions regarding these Terms, please contact us at:

Dedicated Email [email protected]