Acceptance of Terms

By accessing or using Elsewhile ("the Service"), you agree to be bound by these Terms of Service. If you do not agree, please do not use the Service.

Description of Service

Elsewhile is an AI-powered interactive fiction platform. You interact with AI-generated characters and narratives. All story content is generated by artificial intelligence and is fictional.

Accounts

You may use Elsewhile as a guest without creating an account, with limited features (including a limited number of turns per session).
If you create an account, you are responsible for maintaining the security of your credentials.
You must be at least 13 years old to use the Service, or 18 years old to access NSFW content.
We reserve the right to suspend or terminate accounts that violate these terms.

Content Guidelines and Acceptable Use

You agree not to use the Service to:

Generate content that promotes real-world violence, illegal activities, or harassment of real individuals.
Attempt to extract, reverse-engineer, or replicate the AI models or system prompts used by the Service.
Use automated tools (bots, scrapers) to access the Service without written permission.
Circumvent usage limits, rate limits, or access controls.
Impersonate another person or misrepresent your affiliation with any entity.
Upload or create scenarios containing illegal content, including content that sexualizes minors.

NSFW content is available only to verified users who have opted in and meet age requirements. We reserve the right to moderate or remove content that violates these guidelines.

User-Created Content (UGC)

You may create and publish custom scenarios on Elsewhile. By publishing a scenario, you:

Represent that you have the right to publish the content and that it does not infringe on any third party's intellectual property.
Grant Elsewhile a non-exclusive, worldwide license to host, display, and make your scenario available to other users of the Service.
Retain ownership of the original creative elements of your scenario.
Accept that we may remove scenarios that violate our content guidelines without prior notice.

Your Content and Intellectual Property

You retain ownership of the story content you create through Elsewhile (your inputs, choices, and custom characters). You grant us a limited license to process your content as necessary to provide the Service, including sending it to AI providers for response generation. You can export or delete your stories at any time.

AI-Generated Content

Story responses, character dialogue, and images are generated by AI. This content is fictional and does not represent the views or endorsements of Elsewhile. Important notes about AI-generated content:

AI-generated content may occasionally be inaccurate, inappropriate, or unexpected. We continuously work to improve quality but cannot guarantee perfection.
Ownership of AI-generated output is a developing area of law. We do not claim ownership of AI-generated story responses. You may use them for personal, non-commercial purposes.
Our AI providers may have their own terms regarding generated content. We do not authorize providers to use your story content for model training.

Payments and Subscriptions

Elsewhile offers free and paid plans. For paid subscriptions:

Payments are processed securely through Stripe. We do not store your payment card details.
Subscriptions renew automatically unless cancelled before the renewal date.
You may cancel your subscription at any time. Cancellation takes effect at the end of the current billing period.
Refunds are handled on a case-by-case basis. Contact support@elsewhile.ai for refund requests.

Service Availability

We strive to keep Elsewhile available but do not guarantee uninterrupted service. We may modify, suspend, or discontinue features at any time. We depend on third-party AI providers whose availability is outside our control.

Limitation of Liability

Elsewhile is provided "as is" without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. To the maximum extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Service, including but not limited to loss of data, loss of profits, or emotional distress caused by AI-generated content.

Indemnification

You agree to indemnify and hold harmless Elsewhile, its operators, and affiliates from any claims, damages, losses, or expenses (including reasonable legal fees) arising from your use of the Service, your violation of these terms, or your violation of any third party's rights.

Dispute Resolution

Any disputes arising from these terms or your use of the Service will first be attempted to be resolved through good-faith negotiation. If negotiation fails, disputes will be resolved through binding arbitration under the rules of the American Arbitration Association, conducted in the English language. You agree to waive any right to participate in class action lawsuits or class-wide arbitration. Nothing in this section prevents either party from seeking injunctive relief in a court of competent jurisdiction.

Governing Law

These terms are governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.

Termination

We may suspend or terminate your access to the Service at any time for violation of these terms, with or without notice. You may delete your account at any time. Upon termination, your right to use the Service ceases immediately. Sections relating to intellectual property, limitation of liability, indemnification, and dispute resolution survive termination.

Changes to Terms

We may update these terms from time to time. Continued use of the Service after changes constitutes acceptance of the updated terms. We will notify registered users of significant changes via email. If you disagree with the changes, you should stop using the Service and delete your account.

Contact

For questions about these terms, contact us at legal@elsewhile.ai.