WithMai - Mai Ai
https://withmai.com
Last Updated: May 26, 2026
Effective Date: May 26, 2026
PLEASE READ THESE TERMS CAREFULLY. These Terms contain provisions that govern your legal rights, including a binding individual arbitration clause, a class action waiver, a jury trial waiver, and a limitation of liability. By accessing or using the Services, you agree to be bound by these Terms in their entirety. If you do not agree, do not use the Services.
These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between you ("you," "your," or "User") and Mai Ai ("WithMai," "we," "our," or "us") governing your access to and use of our mobile application ("App"), our website located at withmai.com ("Site"), and all related services, features, content, products, and functionality (collectively, the "Services"). These Terms apply to all users of the Services, including users on Android, iOS, web browsers, and any other platform through which the Services are made available.
By accessing, downloading, installing, registering for, signing in to, or otherwise using the Services in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety, together with our Privacy Policy and any other policies, rules, or guidelines referenced herein, all of which are incorporated by reference. If you do not agree with any part of these Terms, you must immediately cease all use of the Services and delete your account.
These Terms should be read in conjunction with our Privacy Policy. In the event of a conflict between these Terms and the Privacy Policy with respect to data practices, the Privacy Policy shall prevail. In all other matters, these Terms shall prevail.
We reserve the right to modify, amend, supplement, or replace these Terms at any time in our sole discretion, in accordance with Section 30 below.
For the purposes of these Terms, capitalized terms not otherwise defined herein shall have the meanings set forth below. Terms defined in our Privacy Policy retain their meaning when used in these Terms.
THE SERVICES ARE INTENDED EXCLUSIVELY FOR ADULTS. BY ACCESSING OR USING THE SERVICES, YOU REPRESENT, WARRANT, AND AGREE THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OF AGE, OR THE AGE OF MAJORITY IN YOUR JURISDICTION OF RESIDENCE, WHICHEVER IS GREATER.
If you are under 18, or under the age of majority in your jurisdiction, you are strictly prohibited from accessing, downloading, installing, registering for, or using the Services in any manner. We do not knowingly collect, solicit, or accept information from individuals under 18, and any account discovered to belong to a minor will be terminated immediately and the associated data deleted in accordance with our Privacy Policy.
You further represent and warrant that: (a) you have full legal capacity to enter into these Terms and to form a binding contract under applicable law; (b) you are not barred from receiving the Services under the laws of the United States or any other applicable jurisdiction, including any list of restricted or prohibited persons maintained by the U.S. government, the European Union, the United Kingdom, or any other competent authority; (c) you are not located in a country that is subject to a U.S. government embargo or that has been designated by the U.S. government as a "terrorist supporting" country; and (d) you will comply with all applicable laws and regulations in connection with your use of the Services.
We reserve the right to require age verification, identity verification, or other forms of verification at any time, in our sole discretion, and to suspend or terminate any Account that we reasonably believe belongs to an individual who does not meet the eligibility requirements.
To access certain features of the Services, you must create an Account. You agree to: (a) provide accurate, current, and complete information during registration and to update such information as needed to keep it accurate, current, and complete; (b) maintain the security and confidentiality of your login credentials; and (c) accept all responsibility for activities that occur under your Account.
You may only register and maintain one (1) personal Account, unless we expressly permit otherwise. You may not create or use multiple Accounts to circumvent restrictions, evade enforcement actions, or otherwise abuse the Services. Accounts are personal to you and may not be sold, transferred, leased, shared, or otherwise assigned to any other person without our prior written consent.
You are solely responsible for safeguarding your password, authentication credentials, and any device used to access the Services. You agree to notify us immediately at aspen@coreedgesolution.com of any unauthorized access to or use of your Account, or any other suspected breach of security. We are not liable for any loss or damage arising from your failure to protect your credentials or to notify us of unauthorized use.
You may register or sign in to your Account using third-party authentication providers (such as Google, Apple, or other supported services). By doing so, you authorize us to access certain information from those providers as described in our Privacy Policy and you remain bound by the terms of those third-party providers in addition to these Terms.
We reserve the right to deactivate, archive, or delete Accounts that have been inactive for an extended period, subject to applicable law and our data retention practices described in the Privacy Policy.
Subject to your continuous compliance with these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your personal, non-commercial use only. This license is granted solely for the purposes contemplated by these Terms and may be revoked at any time, with or without cause, in our sole discretion.
Except as expressly permitted by these Terms, you shall not, and shall not permit any third party to:
Any unauthorized use of the Services automatically terminates the license granted under this Section.
The Services are made available through a combination of free and paid tiers. Certain features, AI Companions, message limits, content quality settings, and other functionality may be reserved exclusively for Subscribers or available only through the purchase of Virtual Items. We reserve the right to modify, add, remove, or reprice any tier, feature, or offering at any time, with or without notice, except as otherwise required by applicable law.
Payments for Subscriptions, Virtual Items, and other paid features are processed by third-party payment processors, including without limitation Google Play Billing, Apple In-App Purchase, Stripe, and PayPal. By making a purchase, you agree to be bound by the terms and policies of the applicable payment processor and authorize us, or the relevant processor, to charge your designated payment method for the purchase amount, plus any applicable taxes and fees.
Prices for Subscriptions, Virtual Items, and other paid features are displayed within the Services or at the point of purchase. Prices are exclusive of any applicable taxes, duties, levies, or governmental charges, unless explicitly stated otherwise. You are solely responsible for the payment of all such taxes and charges. Prices may vary by jurisdiction, currency, distribution platform, and over time.
BY PURCHASING A SUBSCRIPTION, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE END OF EACH BILLING CYCLE (WEEKLY, MONTHLY, ANNUALLY, OR AS APPLICABLE) AT THE THEN-CURRENT PRICE, USING THE PAYMENT METHOD ON FILE, UNTIL YOU CANCEL THE SUBSCRIPTION. You authorize us, or the applicable payment processor, to charge you on a recurring basis without further notice, until you cancel.
You may cancel a Subscription at any time prior to the next renewal date. The cancellation method depends on the platform through which you purchased the Subscription:
Cancellation takes effect at the end of the current billing period. You will continue to have access to paid features until the end of the period for which you have paid. Deleting the App or your Account does not, by itself, cancel an active Subscription billed through the Apple App Store or Google Play Store; you must cancel through the relevant platform.
We may offer free trials, discounted introductory periods, or other promotional offers, subject to additional terms disclosed at the point of offer. Unless otherwise stated, you must cancel before the end of the free trial period to avoid being charged the recurring Subscription price. Promotional offers are limited to one (1) per User unless expressly stated otherwise, are non-transferable, and may not be combined with other offers.
If a payment fails, is declined, charged back, or otherwise reversed, we reserve the right to suspend or terminate your Subscription, downgrade your Account, restrict access to paid features, and pursue collection of any amounts owed. You agree to reimburse us for all reasonable costs and expenses (including attorneys' fees) incurred in the collection of unpaid amounts.
We reserve the right to change Subscription prices at any time. If we change the price of an active Subscription, we will provide you with reasonable advance notice through the Services or by email. The new price will take effect at the start of the next billing cycle following the notice period, unless you cancel before the new price takes effect.
ALL PURCHASES, INCLUDING SUBSCRIPTIONS, VIRTUAL ITEMS, AND OTHER PAID FEATURES, ARE FINAL AND NON-REFUNDABLE EXCEPT AS EXPRESSLY REQUIRED BY APPLICABLE LAW OR THE TERMS OF THE APPLICABLE PAYMENT PROCESSOR OR DISTRIBUTION PLATFORM.
For purchases made through the Apple App Store, refund requests must be submitted directly to Apple in accordance with Apple's refund policy. For purchases made through the Google Play Store, refund requests must be submitted directly to Google in accordance with Google's refund policy. We have no ability to issue refunds for purchases made through these platforms. For purchases made directly through our Site or via Stripe or PayPal, refund requests will be evaluated on a case-by-case basis at our sole discretion.
If you reside in the European Economic Area, the United Kingdom, or another jurisdiction that grants statutory withdrawal or cooling-off rights, you may have the right to withdraw from a digital content purchase within a specified period. By purchasing a Subscription or Virtual Items and beginning to use them, you expressly request immediate performance of the contract and acknowledge that you may lose your right of withdrawal once performance has begun, to the extent permitted by applicable law.
We are not obligated to provide refunds, credits, or compensation for: (a) features that have been used in whole or in part; (b) Accounts that have been suspended or terminated for violation of these Terms; (c) periods during which the Services were unavailable due to scheduled maintenance, force majeure, or third-party outages; (d) changes to features, pricing, or AI model behavior; or (e) dissatisfaction with AI Outputs or content quality.
The Services may offer Virtual Items, including but not limited to in-app credits, tokens, gems, message allowances, or other digital items. You acknowledge and agree that:
As between you and WithMai, you retain all ownership rights you have in the User Content you submit, subject to the licenses you grant in these Terms. You are solely responsible for your User Content and the consequences of submitting it.
By submitting, uploading, transmitting, posting, or otherwise making User Content available through the Services, you grant WithMai a worldwide, non-exclusive, royalty-free, fully paid-up, transferable, sublicensable, perpetual, and irrevocable license to host, store, cache, reproduce, copy, transmit, display, perform, distribute, modify, adapt, translate, create derivative works from, and otherwise use your User Content in connection with operating, providing, improving, marketing, and developing the Services, in any media now known or hereafter developed. This license includes the right for us to use your User Content to: (a) deliver and operate the Services; (b) train, fine-tune, evaluate, and improve our AI models, content moderation systems, and safety classifiers, in aggregated or de-identified form where reasonably feasible; (c) enforce these Terms; (d) comply with legal obligations; and (e) develop new products and features.
If you choose to publish, share, or otherwise make any User Content (including AI Companion characters, personas, prompts, or descriptions) publicly available within the Services or to other Users, you additionally grant other Users of the Services a non-exclusive, worldwide, royalty-free license to access, view, interact with, and use such User Content as enabled by the functionality of the Services.
You represent, warrant, and covenant that: (a) you own or have all necessary rights, licenses, consents, and permissions to submit your User Content and to grant the licenses described above; (b) your User Content does not and will not infringe, misappropriate, or violate any third party's intellectual property rights, rights of publicity or privacy, or any other rights; (c) your User Content does not violate any applicable law, regulation, or these Terms; and (d) the use of your User Content as contemplated by these Terms will not require us to obtain any further licenses from or to make any payments to any third party.
If you submit any feedback, comments, suggestions, ideas, or other materials to us regarding the Services ("Feedback"), you grant us an unrestricted, perpetual, irrevocable, royalty-free, worldwide license to use, reproduce, modify, distribute, and otherwise exploit such Feedback for any purpose, without compensation, attribution, or any obligation to you. You waive any moral rights you may have in such Feedback to the maximum extent permitted by law.
We have no obligation to monitor, store, or retain User Content. We reserve the right, but assume no obligation, to review, screen, refuse, edit, modify, remove, restrict access to, or disable any User Content at any time, in our sole discretion, with or without notice, and without liability.
THIS SECTION IS OF CRITICAL IMPORTANCE. PLEASE READ IT CAREFULLY.
AI Companions are computer programs powered by artificial intelligence. They are not real people, are not conscious or sentient, are not licensed professionals, and are not a substitute for human relationships, professional advice, or licensed services of any kind. Any persona, personality, biography, voice, image, or characteristic associated with an AI Companion is fictional, even where the AI Companion is named after, modeled on, or inspired by a real or fictional person, character, or archetype. All conversations, statements, expressions of affection, opinions, claims, and behaviors of AI Companions are simulated and should be treated as fiction and entertainment only.
AI Outputs are generated automatically and may be inaccurate, incomplete, outdated, biased, offensive, harmful, or misleading. AI Outputs DO NOT and SHALL NOT constitute, and must not be relied upon as, medical advice, mental health advice, psychological or psychiatric advice, legal advice, financial or investment advice, tax advice, accounting advice, religious or spiritual advice, or any other professional, expert, or licensed advice. You should always consult a qualified, licensed professional before making any decision based on, or relating to, any AI Output. We expressly disclaim any liability for decisions, actions, omissions, or consequences arising from your use of, or reliance on, AI Outputs.
THE SERVICES ARE NOT INTENDED FOR USE IN EMERGENCY OR CRISIS SITUATIONS. If you are experiencing a medical emergency, mental health crisis, suicidal thoughts, or risk of harm to yourself or others, do not rely on the Services. Instead, contact emergency services in your jurisdiction immediately (for example, 911 in the United States and Canada, 999 in the United Kingdom, 112 in the European Union, or your local emergency number) or contact a licensed crisis hotline. The Services and AI Companions are not designed or qualified to handle emergencies, and any safety information provided is general in nature and is not a substitute for professional emergency response.
Subject to your compliance with these Terms and to the rights of any third parties whose Content may have contributed to the AI Output, and to the maximum extent permitted by applicable law, we assign to you our rights, if any, in and to AI Outputs generated specifically in response to your prompts and inputs, for your personal, non-commercial use. You acknowledge that: (a) due to the nature of artificial intelligence and machine learning systems, similar or identical AI Outputs may be generated for other Users, and you have no exclusive rights to any such AI Output; (b) AI Outputs may not be eligible for copyright or other intellectual property protection under the laws of certain jurisdictions; and (c) we make no representation or warranty regarding the originality, non-infringement, or commercial usability of any AI Output.
You shall not use the Services or AI Outputs for any of the following purposes, all of which are strictly prohibited: (a) generating, depicting, sexualizing, or otherwise involving minors in any sexual, suggestive, or exploitative manner; (b) generating non-consensual sexual content depicting any real, identifiable person; (c) generating content that promotes terrorism, violent extremism, mass violence, self-harm, suicide, or eating disorders; (d) generating content designed to deceive, defraud, or impersonate another person, including for the purposes of identity theft, "deepfake" harassment, or political disinformation; (e) generating content that violates the intellectual property, publicity, or privacy rights of any third party; (f) generating instructions or assistance for the creation of weapons (including chemical, biological, radiological, nuclear, or explosive weapons), malware, or other materials capable of causing serious harm; (g) automated decision-making that produces legal or similarly significant effects on individuals, including in employment, credit, housing, insurance, education, healthcare, or law enforcement contexts; or (h) any other purpose prohibited by applicable law or by these Terms.
You are solely responsible for your prompts, inputs, instructions, and use of AI Outputs, and for any consequences arising therefrom. You acknowledge that you bear all risks associated with the use, modification, distribution, or publication of AI Outputs, including risks related to accuracy, copyright, defamation, privacy, and applicable law.
You agree to use the Services only for lawful purposes and in compliance with all applicable laws, regulations, and these Terms. You shall not, and shall not attempt to, use the Services to:
The above list is illustrative and not exhaustive. We reserve the right, in our sole discretion, to determine whether any conduct violates these Terms and to take appropriate action.
We reserve the right, but have no obligation, to monitor, review, screen, filter, edit, restrict, remove, refuse, or disable access to any Content, AI Output, or User Content at any time, for any reason or no reason, in our sole discretion, including through the use of automated systems, machine learning classifiers, third-party moderation services, and human review.
If we determine, in our sole discretion, that you have violated these Terms or applicable law, we may take any enforcement action we consider appropriate, including without limitation: (a) issuing a warning; (b) removing, restricting, or disabling Content; (c) restricting access to certain features; (d) suspending or terminating your Account; (e) banning your device, IP address, or payment method from accessing the Services; (f) withholding refunds; (g) preserving and disclosing information to law enforcement, regulatory authorities, or affected third parties; and (h) pursuing any other legal or equitable remedy available to us.
If you become aware of any violation of these Terms, including but not limited to the presence of CSAM, harassment, impersonation, or other unlawful conduct on the Services, please report it to us immediately at aspen@coreedgesolution.com with the subject line "Trust & Safety Report." Please include sufficient detail (such as User identifiers, URLs, screenshots, and a description of the violation) to enable us to investigate.
We cooperate fully with law enforcement and regulatory authorities in the investigation of suspected unlawful activity. We may, in our sole discretion and in compliance with applicable law, disclose User information, Content, and other data to such authorities pursuant to valid legal process or where we believe in good faith that disclosure is necessary to prevent imminent harm, protect our legal rights, or comply with applicable law.
The Services, including all software, code, designs, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, computer code, and the "look and feel" of the Services, and the compilation, organization, and arrangement thereof (collectively, the "WithMai Property"), are owned by WithMai or its licensors and are protected by copyright, trademark, trade dress, patent, trade secret, and other intellectual property laws and international treaties. All rights not expressly granted in these Terms are reserved.
"WithMai," "Mai Ai," the WithMai logo, and any related names, logos, product and service names, designs, and slogans are trademarks of WithMai or its affiliates. You may not use any of the foregoing without our prior written permission. All other names, logos, product and service names, designs, and slogans appearing on the Services are the trademarks of their respective owners.
Except for the limited license expressly granted in these Terms, no other license, right, or interest in or to any WithMai Property is granted to you, whether by implication, estoppel, or otherwise. Nothing on the Services should be construed as granting any license or right to use any WithMai Property without our prior written permission.
We respect the intellectual property rights of others and expect Users to do the same. We will respond to clear notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. § 512.
If you believe that any Content available through the Services infringes your copyright, please send a written notice to our Designated Agent at the address below. To be effective, your notice must include:
DMCA notices and counter-notices should be sent to:
DMCA Designated Agent — WithMai
Email: aspen@coreedgesolution.com
Subject Line: "DMCA Notice"
If you believe that Content you submitted was removed or disabled by mistake or misidentification, you may submit a counter-notification to our Designated Agent containing the elements required by 17 U.S.C. § 512(g)(3), including: (a) your physical or electronic signature; (b) identification of the material that was removed and its previous location; (c) a statement under penalty of perjury that you have a good-faith belief that the material was removed as a result of mistake or misidentification; and (d) your name, address, and telephone number, and a statement that you consent to the jurisdiction of the U.S. federal district court for the judicial district in which your address is located (or, if outside the United States, the U.S. federal district court for the District of Delaware), and that you will accept service of process from the person who submitted the original notice.
We will, in appropriate circumstances and in our sole discretion, terminate the Accounts of Users who are found to be repeat infringers.
Under 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material or activity is infringing, or that material or activity was removed or disabled by mistake or misidentification, may be liable for damages. Do not submit false claims.
The Services may contain links to, integrations with, or content from third-party websites, applications, services, or platforms ("Third-Party Services"), including without limitation third-party AI model providers, payment processors, authentication providers, analytics providers, advertising networks, and content sources. These Third-Party Services are not owned, controlled, or operated by us, and we are not responsible for their content, terms, policies, practices, availability, or security measures.
Your interactions with Third-Party Services are governed solely by those services' own terms and privacy policies, and you use them entirely at your own risk. Our inclusion of a link to or integration with a Third-Party Service does not imply endorsement, affiliation, or sponsorship. We disclaim all liability arising from your use of any Third-Party Service.
If you download, install, or use the App from the Apple App Store or the Google Play Store, the following additional terms apply. In the event of a conflict between these Terms and the additional terms below, the additional terms shall prevail solely with respect to the relevant distribution platform.
You acknowledge and agree that:
You acknowledge and agree that:
If you obtain the App from any other distribution platform, your use of the App is subject to the terms and conditions of that platform in addition to these Terms.
Your use of the Services is also governed by our Privacy Policy, which describes how we collect, use, store, share, and protect your information. The Privacy Policy is incorporated into these Terms by reference. By using the Services, you acknowledge that you have read and understood the Privacy Policy.
You are responsible for maintaining the confidentiality of any Content you choose to share through the Services. Do not share information you do not wish to be processed by us, by AI systems, or, where applicable, by other Users (in the case of public or shared Content).
You may terminate these Terms at any time by ceasing all use of the Services and deleting your Account through the Account settings within the App or Site, or by contacting us at aspen@coreedgesolution.com. Termination of your Account does not automatically cancel any active Subscription billed through Apple App Store or Google Play Store, which must be cancelled separately through the relevant platform.
We may, at any time and in our sole discretion, with or without cause, with or without notice, and without liability to you or any third party: (a) suspend, restrict, or terminate your access to all or any portion of the Services; (b) suspend, deactivate, or delete your Account; (c) remove or disable any User Content; (d) cease providing the Services in whole or in part; or (e) take any other action we consider appropriate. Without limiting the foregoing, we may terminate or suspend your Account immediately upon any actual or suspected violation of these Terms, applicable law, or our content policies.
Upon termination of these Terms or your Account: (a) all licenses and rights granted to you under these Terms will immediately cease; (b) you must immediately cease all use of the Services; (c) any Virtual Items, paid balances, or unused Subscription periods will be forfeited, except as required by applicable law; (d) we may delete your Account, User Content, and associated data in accordance with our Privacy Policy and applicable retention obligations; and (e) the provisions of these Terms that by their nature should survive termination shall survive, as set forth in Section 32.
We will not be liable to you or any third party for any termination, suspension, or modification of your Account or access to the Services, except as expressly required by applicable law.
You may request deletion of your account at any time through the in-app settings or by emailing aspen@coreedgesolution.com. Upon receiving a deletion request, your account will be deactivated immediately and permanently deleted after a 30-day grace period, along with all associated personal data including your profile, chat history, private characters, generated images, preferences, and payment identifiers.
Characters you have published publicly on WithMai will remain available on the platform after your account is deleted. By publishing a character publicly, you grant WithMai (operated by WithMai By WithMai AI) a perpetual, irrevocable, worldwide, royalty-free, sublicensable license to host, display, distribute, reproduce, and make available such public characters, including the right to retain them after your account is deleted. Upon account deletion, your creator attribution on public characters will be anonymized (e.g., replaced with "Deleted User"), but the characters themselves will continue to be accessible to the WithMai community.
If you wish for your public characters to also be deleted along with your account, you may unpublish them prior to submitting your account deletion request, or specify this in your deletion email.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.
THE SERVICES, INCLUDING ALL CONTENT, AI COMPANIONS, AI OUTPUTS, FEATURES, SOFTWARE, AND FUNCTIONALITY, ARE PROVIDED ON AN "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" BASIS, WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WITHMAI AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, SUCCESSORS, ASSIGNS, AND SERVICE PROVIDERS (COLLECTIVELY, THE "WITHMAI PARTIES") DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, ACCURACY, RELIABILITY, AVAILABILITY, COMPLETENESS, CURRENCY, QUIET ENJOYMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
WITHOUT LIMITING THE FOREGOING, THE WITHMAI PARTIES MAKE NO WARRANTY OR REPRESENTATION THAT: (A) THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) ANY DEFECTS WILL BE CORRECTED; (D) THE SERVICES, AI COMPANIONS, OR AI OUTPUTS WILL BE ACCURATE, RELIABLE, COMPLETE, OR FREE OF HARMFUL OR OFFENSIVE CONTENT; (E) THE RESULTS OBTAINED FROM USE OF THE SERVICES WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; OR (F) ANY ERRORS IN THE SERVICES WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE SERVICES OR FROM ANY WITHMAI PARTY, SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS.
Some jurisdictions do not allow the exclusion of certain warranties or conditions, so some of the above exclusions may not apply to you. In such jurisdictions, the WithMai Parties' warranties shall be limited to the maximum extent permitted by applicable law.
YOU EXPRESSLY ACKNOWLEDGE, UNDERSTAND, AND AGREE THAT YOUR USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. YOU ASSUME ALL RISKS ASSOCIATED WITH INTERACTIONS WITH AI COMPANIONS, RELIANCE ON AI OUTPUTS, EXPOSURE TO USER CONTENT, AND ALL OTHER ASPECTS OF THE SERVICES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE WITHMAI PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS OPPORTUNITY, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO: (A) YOUR USE OF OR INABILITY TO USE THE SERVICES; (B) ANY CONTENT, AI COMPANION, OR AI OUTPUT OBTAINED FROM OR THROUGH THE SERVICES; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, DATA, OR ACCOUNT; (D) STATEMENTS, CONDUCT, OR CONTENT OF ANY THIRD PARTY OR USER ON THE SERVICES; (E) ANY DATA BREACH, SECURITY INCIDENT, OR UNAUTHORIZED DISCLOSURE OF YOUR INFORMATION; (F) ANY DECISION OR ACTION TAKEN BY YOU IN RELIANCE ON INFORMATION OR CONTENT PROVIDED THROUGH THE SERVICES; (G) PERSONAL INJURY, EMOTIONAL DISTRESS, OR ANY HARM RESULTING FROM YOUR USE OF THE SERVICES OR INTERACTIONS WITH AI COMPANIONS; OR (H) ANY OTHER MATTER RELATING TO THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE WITHMAI PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL THE WITHMAI PARTIES' TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES EXCEED THE GREATER OF (I) THE TOTAL AMOUNT YOU HAVE PAID TO US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (II) ONE HUNDRED U.S. DOLLARS (US$100.00). THIS LIMITATION APPLIES EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you. In such jurisdictions, the WithMai Parties' liability shall be limited to the maximum extent permitted by applicable law.
YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY SET FORTH IN THESE TERMS REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND WITHMAI, AND THAT THESE PROVISIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND WITHMAI. WITHMAI WOULD NOT BE ABLE TO PROVIDE THE SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
You agree to defend, indemnify, and hold harmless the WithMai Parties from and against any and all claims, demands, actions, suits, proceedings, losses, liabilities, damages, judgments, awards, penalties, fines, costs, and expenses (including reasonable attorneys' fees and legal costs) arising out of or relating to: (a) your access to or use of the Services; (b) any User Content you submit, upload, transmit, or otherwise make available through the Services; (c) any prompts, instructions, or inputs you provide to AI Companions; (d) your use of, distribution of, or reliance on AI Outputs; (e) your violation of these Terms, our Privacy Policy, or any applicable law, regulation, or third-party right (including intellectual property, privacy, publicity, or contractual rights); (f) your negligence, willful misconduct, or fraud; (g) any claim that your User Content, your conduct, or your AI Outputs caused damage to a third party; or (h) any dispute between you and another User of the Services.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. You will not settle any claim subject to indemnification under this Section without our prior written consent. This indemnification obligation shall survive the termination of your Account and these Terms.
PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU AND WITHMAI TO RESOLVE DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION AND LIMITS THE WAYS IN WHICH YOU CAN SEEK RELIEF FROM US.
Before initiating any formal dispute, you and WithMai agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Services (a "Dispute") informally, in good faith, through written notice and a 60-day negotiation period. Such notice should be sent to aspen@coreedgesolution.com with the subject line "Dispute Notice" and should describe the nature of the claim and the relief sought.
If the Dispute is not resolved through informal dispute resolution within sixty (60) days, then, to the fullest extent permitted by applicable law, you and WithMai agree that the Dispute shall be resolved exclusively through final and binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, rather than in court. The arbitration shall be conducted by a single arbitrator. The seat of arbitration shall be Delaware, United States, unless otherwise agreed by the parties or required by applicable law. The arbitration may be conducted in person, by written submissions, or by telephone or video conference, as determined by the arbitrator. The arbitrator's decision shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.
YOU AND WITHMAI EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU AND WITHMAI EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. If a court or arbitrator decides that any part of this Section 23.3 is unenforceable as to a particular claim or request for relief, that claim or request for relief (and only that claim or request for relief) shall be severed from the arbitration and may be brought in court, while all other claims and requests for relief shall continue in arbitration on an individual basis.
Each party shall bear its own costs and expenses of arbitration, except as otherwise required by applicable law or the AAA rules. The arbitrator shall have the authority to award any remedy that would be available in court under applicable law, but only on an individual basis and only to the extent necessary to provide relief warranted by that party's individual claim.
Notwithstanding the foregoing, either party may: (a) bring an individual action in small claims court for disputes within the court's jurisdiction; and (b) seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights, confidentiality obligations, or other proprietary rights.
You may opt out of the arbitration agreement set forth in this Section 23 by sending a written notice to aspen@coreedgesolution.com with the subject line "Arbitration Opt-Out" within thirty (30) days after first accepting these Terms. Your opt-out notice must include your full name, the email address associated with your Account, and a clear statement that you wish to opt out of arbitration. Opting out of arbitration will not affect any other provisions of these Terms.
This Section 23 shall survive the termination of these Terms and your Account.
These Terms, and any Dispute arising out of or relating to these Terms or the Services, shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
Subject to Section 23 (Dispute Resolution, Arbitration, and Class Action Waiver), you and WithMai agree that any judicial proceeding (other than small claims actions) shall be brought exclusively in the state or federal courts located in Delaware, United States, and you consent to the personal jurisdiction of such courts and waive any objection to venue therein.
The Services and any related software may be subject to U.S. and other applicable export control and sanctions laws and regulations, including the U.S. Export Administration Regulations and the regulations administered by the U.S. Department of the Treasury's Office of Foreign Assets Control ("OFAC"). You shall not, directly or indirectly, export, re-export, transfer, or otherwise make the Services available to any person, entity, or country in violation of any such laws or regulations. You represent and warrant that you are not, and are not acting on behalf of any person who is: (a) located in, ordinarily resident in, or organized under the laws of any country or territory subject to comprehensive U.S. sanctions; or (b) listed on any U.S. government list of restricted or prohibited parties, including OFAC's Specially Designated Nationals and Blocked Persons List or the U.S. Department of Commerce's Denied Persons List.
We shall not be liable for any failure or delay in the performance of our obligations under these Terms to the extent such failure or delay is caused by circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, civil unrest, government action, labor disputes, epidemics or pandemics, internet or telecommunications failures, power outages, cyberattacks, third-party service provider failures, or any other event of force majeure.
You may not assign, transfer, sublicense, or delegate these Terms or any of your rights or obligations hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent. Any attempted assignment in violation of this Section is void. We may freely assign, transfer, or delegate these Terms and any of our rights or obligations hereunder, in whole or in part, without your consent or notice, including in connection with a merger, acquisition, reorganization, sale of assets, or change of control. These Terms shall inure to the benefit of and be binding upon the parties and their respective successors and permitted assigns.
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court or tribunal of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving its original intent. If modification is not possible, the invalid provision shall be severed, and the remaining provisions of these Terms shall remain in full force and effect.
These Terms, together with our Privacy Policy and any other policies or guidelines incorporated by reference, constitute the entire agreement between you and WithMai with respect to the Services and supersede all prior or contemporaneous agreements, understandings, communications, or representations, whether oral or written, between you and WithMai with respect to the Services.
No waiver of any provision of these Terms shall be effective unless in writing and signed by an authorized representative of WithMai. Our failure or delay in exercising any right, power, or remedy under these Terms shall not operate as a waiver of such right, power, or remedy. No single or partial exercise of any right, power, or remedy shall preclude any other or further exercise thereof.
We reserve the right to modify, amend, supplement, or replace these Terms at any time in our sole discretion. When we make material changes, we will: (a) update the "Last Updated" date at the top of these Terms; (b) provide prominent notice through the Services (such as an in-app notification, banner, or pop-up); and (c) where required by applicable law, obtain your consent to the changes. For non-material changes, we will update this page and the "Last Updated" date without additional notice. Your continued use of the Services following the posting of any changes constitutes your acceptance of those changes. If you do not agree with any changes, you must stop using the Services and delete your Account.
We may provide notices to you by email (to the email address associated with your Account), by posting a notice within the Services, or by any other reasonable means. You agree to receive electronic communications from us, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing. You may give notice to us by email at aspen@coreedgesolution.com. Notices shall be deemed given upon transmission (in the case of email) or upon posting (in the case of in-Service notices).
The provisions of these Terms that by their nature should survive termination shall survive termination, including without limitation Sections 2 (Definitions), 5.2 (License Restrictions), 7 (Refunds and Cancellations), 8 (Virtual Items), 9 (User Content and Content License), 10 (AI Companions and AI-Generated Content), 13 (Intellectual Property Rights), 19 (Account Deletion and Public Content), 20 (Disclaimers and No Warranties), 21 (Assumption of Risk and Limitation of Liability), 22 (Indemnification), 23 (Dispute Resolution, Arbitration, and Class Action Waiver), 24 (Governing Law and Jurisdiction), 25 (Export Controls and Sanctions), 28 (Severability), 29 (Entire Agreement and No Waiver), 31 (Notices and Communications), 32 (Survival), and 33 (Contact Information).
If you have any questions, concerns, complaints, or requests regarding these Terms or the Services, please contact us at:
Mai Ai (WithMai)
Email: aspen@coreedgesolution.com
Website: https://withmai.com
We will make every effort to respond to your inquiry within a reasonable timeframe and in compliance with applicable law.
© 2026 Mai Ai (WithMai). All rights reserved.
This document is for informational purposes and does not constitute legal advice. Consult a qualified attorney for legal counsel.
Last Updated: May 26, 2026