Last updated: 10/05/2023
The End-User acknowledges that this EULA is concluded between the End-User and Crew Relay Chat only, and not with Apple. Crew Relay Chat, not Apple, is solely responsible for the Tom AI application ("App") and its content. This EULA does not provide for usage rules for the App that conflict with the Apple Media Services Terms and Conditions.
The App provides a full wrap around GPT models designed to offer AI conversations and services, including features like memory, voice, ready-made prompts, and behaviors.
The license granted to the End-User for the App is limited to a non-transferable license to use the App on any Apple-branded Products owned or controlled by the End-User and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions. The App may also be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing.
The App collects persistent data from Apple sign-in, including first and last names and email addresses. User interactions with the AI are stored on-device, and users have the ability to delete/undelete these interactions. Data transits to our server and then to OpenAI and Google APIs for processing. Interaction logs are retained on our server for debugging and accounting for up to 90 days, after which raw data is deleted. Anonymized usage data is extracted for cost analysis. The App accesses device location solely to provide nearby points of interest.
Users get 10 or 60 minutes of free access to the App functionalities, after which a subscription is required. Subscription options include weekly, monthly, and eventually yearly. All subscriptions auto-renew unless canceled and are managed through Apple platform. Users with their own OpenAI API key can avail of a discounted monthly subscription.
The App integrates with OpenAI, Anthropic and Google APIs. These companies do not collect user-specific data.
All content produced by users and by the AI belongs to the users. The App and its developers do not claim any ownership rights over such content.
The App requires permissions for microphone/speaker, GPS and notifications. It does not use camera or gyroscope functionalities.
Crew Relay Chat is solely responsible for providing maintenance and support services for the App as specified in this EULA or as required by applicable law. The End-User acknowledges that Apple has no obligation whatsoever to provide maintenance and support services for the App.
To the extent that the App fails to conform to any applicable warranty, the End-User may notify Apple. Apple will refund the purchase price for the App to the End-User. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever concerning the App.
The Tom AI app is provided "as is" and "as available," without any warranties or representations, either express or implied. Crew Relay Chat expressly disclaims all warranties of any kind, whether implied, statutory, or otherwise, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Crew Relay Chat makes no representations or guarantees that the app will be free from loss, destruction, damage, corruption, attack, viruses, interference, hacking, or other security intrusions, and Crew Relay Chat disclaims any liability relating thereto. To the extent that the app fails to conform to any applicable warranty, the user may notify Apple, and Apple will refund the purchase price for the app to the user. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever concerning the app.
In no event shall Crew Relay Chat, its affiliates, directors, employees, or its licensors be liable for any direct, indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation damages for loss of profits, goodwill, data, or other intangible losses, that result from the use of, or inability to use, this app. Under no circumstances will Crew Relay Chat be responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the app or the information contained therein. The above limitations of liability apply to the fullest extent permitted by law in the applicable jurisdiction.
The End-User acknowledges that Crew Relay Chat, not Apple, is responsible for addressing any claims of the End-User or any third party relating to the App or its use, including product liability claims, regulatory requirement claims, and claims arising under consumer protection or privacy laws.
In the event of a third-party claim that the App or the End-User's use of the App infringes intellectual property rights, Crew Relay Chat, not Apple, will be responsible for the investigation, defense, settlement, and discharge of the claim.
The End-User represents and warrants that (i) they are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country and (ii) they are not listed on any U.S. Government list of prohibited or restricted parties.
For any questions, complaints, or claims related to the App, please contact:
Crew Relay Chat
88 Hoff St, Mission District
San Francisco
CA 94110
Email: support@selfrelaychat.com
Website: selfrelaychat.com
The End-User acknowledges and agrees that Apple and Apple's subsidiaries are third-party beneficiaries of this EULA. Upon acceptance of this EULA, Apple has the right to enforce it against the End-User.
Regular updates will be released for the App. Users are encouraged to update their App to the latest version for optimal functionality.
Users can request account deletion from within the App or by revoking Apple sign-in. Upon account deletion, all associated records, barring 'free quota' usage data (to prevent abuse), will be deleted.
Any disputes arising out of or related to this EULA or the App will be resolved through arbitration.
The App is currently available only to users located in the USA.
The End-User must comply with applicable third-party terms when using the App. For instance, if the App has VoIP
functionality, the End-User must not violate their wireless data service agreement when using it.
In addition to this EULA, users of TOM AI also agree to adhere to the terms and conditions set forth by OpenAI, which are incorporated herein by reference.
Users can review OpenAI's terms and conditions at OPENAI Usage Policies.
Users must also abide by OpenAI's Sharing and Publication Policy, which provides guidance on sharing and publishing AI-generated content, ensuring it does not masquerade as human-generated content.
The full policy can be viewed at OPENAI Sharing and Publishing Policy.
By accepting this EULA, the user acknowledges and agrees to comply with both this EULA and OpenAI's terms and policies.