Last updated: April 2, 2026
Please read these Terms of Service ("Terms") carefully before using duskai.io and related services, including mobile applications (collectively, the "Service") operated by Dusk AI LLC ("Company," "we," "us," or "our"), a Texas limited liability company.
By accessing or using the Service, or by clicking to accept these Terms when that option is made available, you accept and agree to be bound by these Terms and our Acceptable Use Policy ("AUP"), which is incorporated by reference. If you do not agree, you must not access or use the Service.
These Terms require binding arbitration on an individual basis to resolve disputes, rather than jury trials or class actions. See Section 17 for details.
The Service is available only to individuals who are:
By creating an account, you represent and warrant that you meet these requirements. We verify age through birth year collection at registration. If we determine that a user is under 18, their account will be terminated immediately and all associated data will be deleted.
The Service may include age-restricted or otherwise sensitive AI-generated content. By using the Service, you acknowledge and accept this. If you do not meet the eligibility requirements above, you must not access or use the Service.
To use the Service, you must create an account by providing accurate, current, and complete information. You are responsible for:
Your account is personal to you and must not be shared with or transferred to any other person. We may disable any account at our sole discretion, including for violation of these Terms.
If you use Google Sign-In, your authentication is processed through Google's OAuth service and is subject to Google's Terms of Service and Privacy Policy.
Dusk AI provides AI-powered companion characters with persistent long-term memory. The Service uses artificial intelligence models to generate fictional character responses based on your input. Key features include persistent memory (characters remember details across conversations), user-created characters, and curated preset characters.
We reserve the right to modify, update, suspend, or discontinue the Service (or any part of it) at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.
All character responses are generated by artificial intelligence and are entirely fictional. You acknowledge and agree that:
The Company disclaims all liability for harm, loss, or injury arising out of any reliance on or use of content generated by the Service.
You may provide input to the Service ("Input"), and receive output based on that Input ("Output"). Input and Output are collectively "User Content." You are responsible for your User Content, including ensuring it complies with these Terms and the AUP.
Ownership. As between you and the Company, and to the extent permitted by law: (a) you retain ownership rights in your Input; and (b) you own the Output generated from your Input. Due to the nature of AI, other users may receive similar Output, and this ownership assignment does not apply to independently generated similar Output.
License to Us. By providing Input, you grant the Company a nonexclusive, worldwide, royalty-free, irrevocable, sublicensable license to use, reproduce, modify, and process your Input as necessary to operate, improve, and develop the Service, including to train and improve our AI models. This license does not extend to publicly displaying your private Input outside of the Service.
A core feature of the Service is persistent memory — our system automatically extracts and stores key facts and details from your conversations ("Memories") to enable character continuity across sessions. By using the Service, you acknowledge and consent to the extraction and storage of Memories derived from your conversations. Memories are associated with your account and specific characters.
You may request deletion of specific Memories or all Memories associated with your account by contacting [email protected]. Deletion of Memories may affect character continuity and the quality of your experience.
You may create custom characters on the Service. By creating a character, you represent and warrant that:
You retain ownership of original characters you create. By making a character publicly available on the Service, you grant the Company a nonexclusive, worldwide, royalty-free license to host, display, and distribute that character within the Service.
We do not pre-review user-created characters and are not responsible for user-created content that infringes third-party rights. We may remove any character at our sole discretion for any reason, including violation of these Terms or the AUP.
User-created characters and other community-facing content must comply with these Terms, the AUP, and our moderation rules. We may use automated tools and human review to detect and restrict content that may be unlawful, unsafe, deceptive, or otherwise prohibited.
Users may report characters for review, and may hide individual characters or block specific creators from their own experience. These user controls affect only that user's account and do not guarantee immediate removal of reported content from the Service.
We may remove, limit, deprioritize, or otherwise restrict any character, account, or content if we believe it violates our rules, presents a safety risk, or creates legal or platform compliance concerns.
You agree not to use the Service in violation of the AUP. Without limiting the AUP, you must not:
If you purchase a paid subscription, you agree that your subscription will automatically renew at the end of each billing period unless you cancel before the renewal date. By subscribing, you authorize us (through our payment processor) to charge your payment method at each renewal.
If you cancel, you retain access to paid features until the end of the current billing period. No partial refunds are issued for unused time within a billing period.
Payments are processed by Stripe, our authorized third-party payment processor. We do not store your full payment card information. By making a purchase, you agree to Stripe's Terms of Service and Privacy Policy.
All payments are final and non-refundable unless required by applicable law. Refund requests may be submitted to [email protected]. Chargebacks or disputed transactions may result in immediate suspension or termination of your account.
We may adjust subscription fees from time to time. We will provide at least 30 days' notice of price changes. Any price change applies to the next billing cycle, and you may cancel before the new price takes effect.
If you are a consumer in the European Union, you may have a legal right to withdraw from a purchase within 14 days. By purchasing a subscription and beginning use of the Service, you consent to immediate performance and acknowledge that you may lose your withdrawal right once access or use begins. See our Cancellation Policy for details.
The Service and its contents, features, and functionality (excluding User Content) are owned by the Company and are protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, create derivative works of, or publicly display any Company materials without our written permission.
We respect intellectual property rights and comply with the Digital Millennium Copyright Act. If you believe content on the Service infringes your copyright, submit a takedown notice to [email protected] containing:
We will respond to valid DMCA notices promptly by removing or disabling access to the allegedly infringing content. The Company's policy is to terminate accounts of repeat infringers.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR THAT ANY CONTENT WILL BE ACCURATE OR RELIABLE.
The foregoing does not exclude or limit any warranty that cannot be excluded or limited under applicable law.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUES, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICE.
TO THE EXTENT PERMITTED BY LAW, THE COMPANY'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF $100 USD OR THE TOTAL AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM.
These limitations do not affect liability that cannot be excluded or limited under applicable law.
You agree to indemnify, defend, and hold harmless the Company and its officers, directors, employees, and agents from any third-party claims, liabilities, damages, losses, or expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your violation of these Terms or the AUP; (b) your use of the Service; or (c) any Input you submit or Output you generate, use, or share.
We may, but are not obligated to, monitor use of the Service. We may:
Upon termination, your right to use the Service ceases immediately. We may delete your data upon termination in accordance with our Privacy Policy.
These Terms are governed by the laws of the State of Texas, without regard to conflict of law principles.
You and the Company agree to resolve disputes through binding individual arbitration rather than in court. You waive the right to participate in class actions, class arbitrations, or representative proceedings.
Either party may demand that a dispute be resolved by arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. The arbitration shall be conducted virtually or, if necessary, in Texas. Each party bears its own costs, except as otherwise provided by the AAA Rules or applicable law.
Small Claims Exception. You may elect to pursue your claim in small-claims court rather than arbitration, provided the claim falls within the court's jurisdictional limits.
EU/UK Consumer Exception. If you are a consumer habitually resident in the European Union or the United Kingdom, this arbitration provision does not apply. Instead, you may bring proceedings in the courts of your country of residence, and nothing in these Terms limits your rights under applicable consumer protection law.
Any dispute must be brought within one (1) year of the date the dispute arose, except where applicable law requires a longer period.
If you are a resident of the European Union:
These provisions apply only to users located in the European Union.
If any provision of these Terms is held invalid or unenforceable, that provision will be modified to the minimum extent necessary, and the remaining provisions will continue in full effect.
These Terms, together with the AUP, Privacy Policy, and any other policies referenced herein, constitute the entire agreement between you and the Company regarding the Service.
We may update these Terms from time to time. Material changes will be communicated by posting a notice on the Service. Changes to the dispute resolution provisions will not apply retroactively to disputes for which notice was given before the change. Your continued use of the Service after changes are posted constitutes acceptance of the revised Terms.
Questions about these Terms should be directed to:
Dusk AI LLC Email: [email protected]
For copyright claims: [email protected] For EU DSA inquiries: [email protected]
Privacy Policy · Acceptable Use Policy · Cancellation Policy