Terms & Conditions — Friend in the Cloud

Terms & Conditions

Version 2.0 · Last updated: April 2026

⚠ Provisional version. This document is a comprehensive update to the previous Terms (March 2026) pending completion of external legal review. Material changes include: expanded user feedback clauses, Elaris credit treatment, AI Policy integration, dual-jurisdiction provisions, and updated pricing.

By accessing, registering for, or using the Friend in the Cloud platform (“FITC”, “the Service”, “we”, “us”, “our”), you agree to these Terms together with our Privacy Policy, AI Policy, and Disclaimer. If you do not agree, please discontinue use of the Service.

1. Acceptance of Terms

By accessing, registering for, or using FITC, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions (“Terms”), together with our Privacy Policy, AI Policy, and Disclaimer, each incorporated by reference. These Terms constitute a legally binding agreement between you and Friend in the Cloud.

2. Description of the Service

Friend in the Cloud is an artificial intelligence-powered companion platform that provides access to AI-generated content, digital companions, educational summaries, marketplace-based user-created AI avatars, automation tools, and related services designed for personal reflection, emotional support, and business development. The Service may evolve over time, and FITC reserves the right to modify, suspend, discontinue, or introduce new features at its sole discretion.

3. Eligibility

You represent and warrant that you are at least eighteen (18) years of age, possess the legal capacity to enter into a binding agreement, and that your use of the Service complies with all applicable laws in your jurisdiction.

4. Account Registration and Security

  • Provide accurate, current, and complete information.
  • Maintain the confidentiality of your login credentials.
  • You are solely responsible for all activities conducted through your account.
  • Notify us immediately of any unauthorized use of your account.
  • Maintain only one account per person. Creating multiple accounts to circumvent limits or bans is prohibited.

FITC shall not be liable for any loss or damage arising from unauthorized use of your account.

5. Subscription Plans and Payments

5.1 Plans available

  • Free plan: Limited daily interactions at no cost.
  • Evolve plan: $49.97 USD/month (or applicable weekly/annual pricing).
  • Ascend plan: $79.99 USD/month (or applicable weekly/annual pricing).
  • Marketplace companion subscriptions: Priced individually per creator offering.
  • Elaris credit purchases: Priced per credit pack.

5.2 Payment processing

All payments are processed by Stripe. FITC does not store payment card details. Subscriptions renew automatically unless cancelled prior to the renewal date. You may cancel at any time through your account settings; cancellation takes effect at the end of the current billing period.

5.3 Refunds

Refunds are considered on a case-by-case basis and may be limited by Stripe’s dispute rules and applicable consumer protection law. Contact [email protected] for refund inquiries.

6. Elaris Platform Credits

6.1 Nature of Elaris

Elaris are internal, closed-loop platform credits that may be used exclusively within the FITC ecosystem. You acknowledge that Elaris:

  • Have no monetary value outside the FITC ecosystem;
  • Are non-transferable between users except through official platform mechanics;
  • Cannot be redeemed, exchanged, or converted into any form of currency or financial instrument;
  • Do not constitute property, stored value, electronic money, cryptocurrency, securities, or any financial instrument;
  • Do not confer any ownership interest, equity right, profit share, dividend, or royalty entitlement in FITC.

6.2 Elaris as consideration for user contributions

Where FITC awards Elaris credits or community badges in recognition of user contributions (including feedback, ideas, content, referrals, or marketplace participation), such awards constitute full and final consideration for such contributions, if any consideration is given. You acknowledge that Elaris and badges have no cash value and do not constitute equity, revenue share, or profit participation.

6.3 Elaris purchases are final

All purchases of Elaris credit packs are final and non-refundable, except where required by applicable consumer protection law.

6.4 No affiliated tokens

FITC expressly disclaims any association with third-party tokens or cryptocurrencies claiming affiliation with the platform. Any such representations are unauthorized and fraudulent.

7. Marketplace (AI Avatars)

7.1 Creator eligibility

Only users on eligible subscription plans may list AI avatars (“Companions”) for sale. Listings may be subject to minimum quality thresholds, compliance review, and content guidelines.

7.2 Revenue sharing

Creators receive 70% of subscription revenue generated by their listed Companions. FITC retains 30% as platform fee. Payouts are processed via supported providers when balances reach minimum thresholds.

7.3 Clone ownership

When a buyer purchases access to a Companion, they receive a fresh instance (“Clone”) at the creator’s chosen growth stage. The Clone evolves independently based on the Buyer’s interactions, cannot be resold or redistributed by the Buyer, and does not receive post-purchase updates from the original creator’s Companion.

7.4 Marketplace refunds

Marketplace Clone purchases are subject to a 7-day satisfaction refund window. Graduated refund cooldowns may apply to users with repeat refund history.

7.5 FITC curation rights

FITC reserves the right to remove or refuse Marketplace listings that violate these Terms, the AI Policy, or community guidelines.

8. User Content and Contributions

8.1 Ownership and license

You retain ownership of your User Content. By submitting User Content, you grant FITC a perpetual, irrevocable, worldwide, royalty-free, non-exclusive license to use, reproduce, modify, process, display, distribute, and otherwise utilize such content solely for the purpose of operating, improving, and providing the Service.

8.2 Representations and warranties

You represent and warrant that: (i) you own or have all necessary rights to your User Content; (ii) your User Content does not infringe third-party rights; (iii) your User Content complies with these Terms and applicable laws.

8.3 Moderation rights

FITC reserves the right, but is not obligated, to remove, delete, or modify any User Content at its sole discretion, with or without notice.

9. User Feedback and Ideas

9.1 Feedback license

If you submit ideas, suggestions, feature proposals, bug reports, or other feedback (“Feedback”) to FITC — whether through the platform, Telegram groups, email, calls, or any other channel — you agree that:

  • Your Feedback is provided voluntarily;
  • Your Feedback is non-confidential;
  • Your Feedback is provided without expectation of compensation beyond any Elaris credits or community badges FITC may award at its sole discretion;
  • You grant FITC a perpetual, irrevocable, worldwide, royalty-free, sub-licensable right to use, modify, implement, commercialize, and exploit such Feedback without restriction or obligation;
  • You waive any claims, including claims for compensation, ownership, equity, revenue share, royalty, or attribution arising from FITC’s use of such Feedback.

9.2 Rewards are discretionary

FITC may, at its sole discretion, reward users with Elaris credits, community badges, leaderboard recognition, or other platform-native acknowledgments for valuable Feedback. Such rewards constitute full and final consideration for the Feedback.

9.3 No employment or agency

Submitting Feedback does not create any employment, contractor, partnership, joint venture, or agency relationship between you and FITC.

10. AI Content and System Limitations

10.1 AI Content disclaimer

The Service uses AI systems to generate content (“AI Content”). AI Content is produced algorithmically and may be incomplete, inaccurate, or outdated. FITC makes no representations or warranties regarding the accuracy, reliability, or suitability of AI Content.

10.2 Third-party references

References to books, authors, or third-party works are provided as transformative summaries, key insights, interpretations, or educational commentary. FITC does not reproduce or distribute verbatim copyrighted works. All intellectual property rights in referenced works remain with their respective owners.

10.3 No reliance

AI outputs are probabilistic in nature, may vary between interactions, and should not be relied upon without independent verification.

10.4 AI Policy governs

Additional terms governing AI features are set forth in the AI Policy, incorporated by reference.

11. No Professional Advice and No Reliance

The Service and AI Content do not constitute legal, financial, medical, psychological, therapeutic, or other professional advice. Any decisions made based on the Service are at your sole risk. For crisis support, please refer to the Disclaimer and crisis resources therein.

12. Prohibited Uses

You agree not to use the Service to:

  • Violate applicable laws or infringe upon the rights of others;
  • Generate, distribute, or promote unlawful, harmful, abusive, harassing, defamatory, or fraudulent content;
  • Generate sexual content involving minors, under any framing;
  • Attempt to reverse-engineer, decompile, or extract source code, model weights, prompts, or underlying methodologies;
  • Use the Service to develop, train, or improve competing AI systems;
  • Extract data, prompts, or outputs for competitive analysis;
  • Upload malicious code or unauthorized data;
  • Impersonate any person or misrepresent affiliations;
  • Interfere with or disrupt the Service;
  • Circumvent technical protections or rate limits.

FITC reserves the right to suspend or terminate accounts engaged in prohibited conduct and to report unlawful activity to appropriate authorities.

13. Intellectual Property

All content, software, technology, trademarks, service marks, logos, designs, models, AI systems, training methodologies, Marketplace mechanics, Elaris credit systems, and associated intellectual property are owned by FITC or its licensors. Except for the limited rights expressly granted herein, no rights are transferred to you.

“Friend in the Cloud,” “FITC,” “Elaris,” and associated logos are trademarks of FITC. You may not use these marks without prior written consent.

14. Third-Party Services

The Service integrates with third-party services including Stripe (payments), Anthropic and OpenAI (AI models), Supabase (database), and Vercel (hosting). Your use of these services may be subject to their respective terms and privacy policies.

15. Service Availability

The Service is provided on an “as is” and “as available” basis. FITC does not guarantee uninterrupted or error-free operation and shall not be liable for interruptions, delays, data loss, or failures.

16. Limitation of Liability

To the maximum extent permitted by law, FITC’s total aggregate liability for any claims arising out of or relating to these Terms or the Service shall not exceed the greater of: (a) the total amount you have paid to FITC in the twelve (12) months preceding the claim; or (b) one hundred US dollars (USD $100).

In no event shall FITC be liable for any indirect, incidental, consequential, special, or punitive damages, even if advised of the possibility of such damages.

Nothing in these Terms limits or excludes any rights you may have under mandatory consumer protection laws in your jurisdiction.

17. Indemnification

You agree to indemnify, defend, and hold harmless FITC, its founders, officers, employees, contractors, and affiliates from any claims, damages, losses, or liabilities (including reasonable legal fees) arising from your use of the Service, your violation of these Terms, your User Content, your Feedback, or your violation of any third-party rights.

18. Termination

18.1 Termination by FITC

FITC reserves the right to suspend or terminate your account at any time for violations of these Terms, legal or regulatory risk, non-payment, or any reason at FITC’s reasonable discretion.

18.2 Termination by you

You may cancel at any time through account settings. Cancellation takes effect at the end of the current billing period for paid subscribers, or immediately for free-tier users.

18.3 Effects of termination

Upon termination, your access to the Service ceases, your personal data and conversations are deleted within 30 days (subject to the Privacy Policy), and any remaining Elaris credits are forfeited.

18.4 Special provisions for founding beta testers

Users designated as “founding beta testers” under specific separate arrangements established prior to public launch retain any specific benefits extended under those arrangements.

19. Governing Law and Dispute Resolution

19.1 Primary governing law

These Terms shall be governed by and construed in accordance with the laws of Thailand, without regard to its conflict of law principles.

19.2 Jurisdiction

Subject to Section 19.3, disputes arising from these Terms or the Service shall be submitted to the exclusive jurisdiction of the courts of Chiang Mai, Thailand.

19.3 User rights in other jurisdictions

  • Australia: You retain rights under Australian Consumer Law, including guarantees that cannot be excluded.
  • European Economic Area / United Kingdom: You retain rights under GDPR and applicable consumer protection directives.
  • Other jurisdictions: Mandatory consumer protection laws of your jurisdiction may apply notwithstanding this Section.

19.4 Alternative dispute resolution

Before commencing formal proceedings, the parties agree to attempt to resolve disputes through good-faith negotiation, including direct communication with FITC at [email protected].

20. Changes to These Terms

FITC may modify these Terms at any time. Material changes will be communicated by email, in-app notification, and update to the “Last Updated” date. Continued use after notice constitutes acceptance.

21. Miscellaneous

21.1 Entire agreement

These Terms, together with the Privacy Policy, AI Policy, and Disclaimer, constitute the entire agreement between you and FITC regarding the Service.

21.2 Severability

If any provision is found unenforceable, the remaining provisions shall continue in full force and effect.

21.3 No waiver

FITC’s failure to enforce any provision shall not constitute a waiver of that provision.

21.4 Assignment

You may not assign your rights without FITC’s prior written consent. FITC may assign these Terms to any successor entity.

21.5 Force majeure

Neither party shall be liable for delays or failures resulting from causes beyond reasonable control.

21.6 No class actions

To the maximum extent permitted by law, you agree that disputes shall be brought solely in your individual capacity and not as part of any class or representative action.

21.7 Language

These Terms are written in English. Any translations are provided for convenience only; the English version shall govern in case of conflict.

22. Contact

Questions about these Terms? Contact us at [email protected] or visit our contact page.

This document is provisional and pending full external legal review. Version 2.0, April 2026.

rebuilt · 26 Jun 2026