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Terms of Service

Effective Date: 13-03-2026
App Name: Pretend AI (the “App”) 
Provider: Birthday Girl (“we”, “us”, “our”)
Support Email: birthdaygirl0121@gmail.com
Platform: iOS (minimum iOS 16.0) 
Governing Law / Venue: Pune, Maharashtra, India

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1) Acceptance of Terms

By downloading, installing, accessing, or using the App, you agree to these Terms of Service (“Terms”). If you do not agree, do not use the App.

If you use the App on behalf of another person or organization, you represent that you have authority to bind them.

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2) What the App Is (Entertainment + Fictional Simulation)

Pretend AI lets you create fictional personas (based on archetypes, imaginary characters, celebrities, or “as-if” versions of someone) and simulate text-message conversations where the AI responds “in character” according to the persona configuration. No real person is contacted.

Important: The App is intended for entertainment and creative exploration only. Personas and replies are fictional and do not represent any real person’s actual views, messages, or intentions. 

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3) Eligibility

The App is intended for general audiences but is not directed to children under 13. If you are under the age of majority where you live, use the App only with parent/guardian permission where required.

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4) No Professional Advice / Not a Substitute

The App is not a substitute for professional mental health support, medical advice, or real human relationships. If you are in crisis, seek professional help or local crisis resources. 

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5) Your Responsibilities (User Content)

“User Content” includes any persona details you enter and any messages you type. You are responsible for what you input.

You agree not to use the App to:

  • harass, defame, or impersonate real individuals in a harmful way,

  • solicit or share sensitive personal data (yours or others’),

  • generate illegal content, instructions for wrongdoing, or harmful content.

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6) AI Limitations + No Guarantee

AI-generated responses may be inaccurate, misleading, offensive, or unexpected. You agree:

  • you will not treat responses as factual or authoritative,

  • you will verify anything important independently,

  • you assume the risks of relying on outputs.

We do not guarantee availability, accuracy, or suitability of any response.

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7) Content Safety Rules (Guardrails)

The system includes server-enforced rules intended to refuse:

  • sexual/explicit content, especially involving minors,

  • instructions for self-harm or harming others,

  • hate speech/slurs,

  • certain misinformation and jailbreak attempts,

  • defamatory impersonation of real living people. 

These guardrails reduce risk but do not guarantee perfect filtering.

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8) Message Limits, Subscription, Billing

Free tier

Free users can send 20 messages per day (resets at midnight local time). 

Subscription

Subscribers have unlimited messages. Subscriptions offered: Monthly ($4.99) and Annual ($29.99), managed through RevenueCat using Apple StoreKit 2. 

Billing & renewals

Payments and renewals are handled by Apple. You manage/cancel in your App Store account settings. We do not process your card details.

Refunds

Refunds (if any) are subject to Apple’s policies and processes.

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9) Local-Only App Data (No Accounts)

The App does not require accounts and does not collect your name/email as part of normal operation. Conversations and persona data are stored locally on your device in an on-device SQLite database. 

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10) Deleting Conversations and Data

  • Deleting a conversation deletes the conversation and its messages from the local database. 

  • Avatar photo files may remain on device storage even after deleting a conversation (because the file is not automatically removed). 

  • Deleting the App removes the entire App sandbox (database, preferences, avatar files). 

There is no in-app “export all data” feature. 

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11) Network Use (How Replies Are Generated)

When you send a message, the App sends the persona configuration and the full conversation history to your backend endpoint so the AI can respond with context. 
The App does not send your avatar photo path/theme settings to the server. 

If the request fails, the App shows an error and does not save the message. 

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12) Third-Party Services

To generate replies and manage subscriptions, the App uses:

  • Railway-hosted backend (in transit processing) 

  • OpenRouter (model routing) 

  • OpenAI (GPT-4o Mini via OpenRouter) 

  • RevenueCat + Apple StoreKit 2 (subscriptions) 

These services have their own terms and privacy practices.

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13) Prohibited Use

You may not:

  • reverse engineer or attempt to bypass safety restrictions,

  • use the App to generate illegal content or instructions for harm,

  • use the App in a way that violates law or others’ rights.

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14) Intellectual Property

The App and its content (excluding your User Content) are owned by us or licensors and protected by law. You receive a limited license to use the App for personal lawful purposes.

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15) Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE.”
WE DISCLAIM ALL WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

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16) Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

  • WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR LOSS OF DATA/PROFITS/GOODWILL.

  • WE ARE NOT LIABLE FOR ANY RELIANCE ON AI OUTPUTS OR FOR ANY USER CONTENT YOU PROVIDE.

  • WE ARE NOT LIABLE FOR THIRD-PARTY SERVICES (OpenRouter/OpenAI/Railway/RevenueCat/Apple) OR OUTAGES.

OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE APP WILL NOT EXCEED THE AMOUNT YOU PAID FOR SUBSCRIPTIONS IN THE 3 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM (OR INR 1,000 IF YOU PAID NOTHING), UNLESS APPLICABLE LAW REQUIRES OTHERWISE.

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17) Indemnity

You agree to indemnify and hold us harmless from claims, damages, liabilities, losses, and expenses arising from your use of the App or violation of these Terms or applicable law.

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18) Governing Law and Jurisdiction

These Terms are governed by the laws of India. Courts in Pune, Maharashtra, India have exclusive jurisdiction.

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19) Changes to Terms

We may update these Terms. Continued use after changes means you accept the updated Terms where permitted.

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20) Contact

Support: birthdaygirl0121@gmail.com

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