Terms of Service
Effective Date: February 11, 2026
Last Updated: February 11, 2026
These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between you ("User," "you," "your") and Puggi Industries, LLC, a New Mexico limited liability company doing business as Fourever ("Company," "we," "us," "our"), governing your access to and use of the Fourever platform, website located at fourever.ai, and all related services, applications, and tools (collectively, the "Service").
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICE. BY ACCESSING OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE SERVICE.
IMPORTANT NOTICE: THESE TERMS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION PROVISION AND A CLASS ACTION/JURY TRIAL WAIVER (SEE SECTION 15). THESE PROVISIONS AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM CAREFULLY.
Table of Contents
- Eligibility
- Description of Service
- Account Registration and Security
- Subscription Plans, Billing, and Payment
- AI-Generated Content Disclaimer
- User Responsibilities and Content
- Acceptable Use Policy
- Intellectual Property
- Third-Party Services and APIs
- Privacy and Data Processing
- Disclaimer of Warranties
- Limitation of Liability
- Indemnification
- Termination
- Dispute Resolution and Mandatory Arbitration
- Governing Law
- Modifications to Terms
- General Provisions
- Contact Information
1. Eligibility
1.1 Age Requirements
You must be at least thirteen (13) years of age to use the Service. If you are located in the European Economic Area ("EEA"), the United Kingdom, or Switzerland, you must be at least sixteen (16) years of age to use the Service, in accordance with the General Data Protection Regulation ("GDPR").
1.2 Parental Consent
If you are between the ages of 13 and 18 (or the age of majority in your jurisdiction), you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf. We reserve the right to require proof of parental consent at any time.
1.3 Legal Capacity
By using the Service, you represent and warrant that you have the legal capacity to enter into this Agreement and to comply with all applicable laws and regulations. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.
1.4 Jurisdictional Restrictions
You may not use the Service if you are located in a country subject to a U.S. government embargo or that has been designated by the U.S. government as a "terrorist-supporting" country, or if you are listed on any U.S. government list of prohibited or restricted parties.
2. Description of Service
2.1 Overview
Fourever is an AI-powered chat interface that provides users with access to artificial intelligence language models, including but not limited to OpenAI's GPT-4o and other models made available through the OpenAI API (collectively, "AI Models"). The Service allows users to engage in conversational interactions with these AI Models through a web-based frontend application.
2.2 Relationship to OpenAI
Fourever is NOT OpenAI, nor is it affiliated with, endorsed by, or a subsidiary of OpenAI, Inc. or any of its affiliates. Fourever is an independent company that utilizes the OpenAI API to provide its Service. OpenAI's terms of service and usage policies apply to the processing of data through OpenAI's systems. We do not control, and are not responsible for, the AI Models themselves, their training data, their outputs, or their performance.
2.3 Service Availability
The Service is provided on an "as available" basis. We do not guarantee uninterrupted, timely, secure, or error-free operation of the Service. The Service may be subject to limitations, delays, and other problems inherent in the use of the internet, electronic communications, and third-party APIs. We are not responsible for any delays, delivery failures, or other damage resulting from such problems.
2.4 Modifications to Service
We reserve the right, at our sole discretion, to modify, suspend, discontinue, or restrict access to all or any part of the Service at any time, with or without notice, and without liability to you. This includes, without limitation, changes to available AI Models, features, functionality, usage limits, and pricing.
3. Account Registration and Security
3.1 Account Creation
To access certain features of the Service, you must create an account. Account registration is facilitated through Clerk, a third-party authentication service. You may register using Google Sign-In, Apple Sign-In, or email-based authentication. By registering, you agree to Clerk's terms of service and privacy policy in addition to these Terms.
3.2 Account Information
You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are solely responsible for all information associated with your account.
3.3 Account Security
You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to:
- (a) Immediately notify us of any unauthorized use of your account or any other breach of security;
- (b) Not share your account credentials with any third party;
- (c) Not allow any other person to access or use the Service through your account;
- (d) Use reasonable measures to protect the security of your account.
We will not be liable for any loss or damage arising from your failure to comply with this Section 3.3.
3.4 One Account Per User
Each user may maintain only one active account. We reserve the right to merge, suspend, or terminate duplicate accounts.
4. Subscription Plans, Billing, and Payment
4.1 Service Tiers
The Service is offered under a freemium model consisting of the following tiers:
- (a) Free Tier: Provides limited access to the Service, including a restricted number of messages per day. The specific limits of the Free Tier are subject to change at our sole discretion without notice.
- (b) Monthly Subscription: Provides enhanced access to the Service for a recurring fee of $20.00 USD per month.
- (c) Annual Subscription: Provides enhanced access to the Service for a recurring fee of $200.00 USD per year.
4.2 Payment Processing
All payments are processed through Stripe, a third-party payment processor. By subscribing to a paid plan, you agree to Stripe's terms of service and authorize Stripe to charge your designated payment method. We do not directly store your full credit card number or payment credentials on our servers; such information is handled by Stripe in accordance with applicable Payment Card Industry Data Security Standards (PCI DSS).
4.3 Automatic Renewal
All paid subscriptions automatically renew at the end of each billing period (monthly or annually, as applicable) unless you cancel your subscription prior to the renewal date. The renewal charge will be at the then-current subscription rate, which may differ from the rate at the time of your initial subscription. By subscribing, you expressly authorize us to charge your payment method on file for recurring subscription fees.
4.4 Cancellation
You may cancel your subscription at any time through your account settings. Cancellation will take effect at the end of the current billing period. Upon cancellation:
- (a) You will retain access to paid features until the end of the current billing period for which you have already paid;
- (b) Your account will revert to the Free Tier at the end of the billing period;
- (c) You will not receive a prorated refund for any unused portion of the current billing period.
4.5 Refund Policy
All subscription fees are non-refundable. We do not provide refunds or credits for any partial billing periods, unused features, or periods in which the Service was unavailable. In the event of a billing error attributable to us, we will issue a correction or credit at our sole discretion.
4.6 Price Changes
We reserve the right to change our subscription fees at any time. If we increase fees for your current subscription plan, we will provide you with at least thirty (30) days' advance notice prior to the change taking effect. Your continued use of the Service after the price change constitutes your acceptance of the new pricing. If you do not agree to the price change, you may cancel your subscription before the new pricing takes effect.
4.7 Taxes
You are responsible for all applicable taxes, duties, and governmental charges (excluding taxes on our net income) associated with your use of the Service. If we are required to collect or pay taxes on your behalf, such taxes will be added to your subscription fees.
4.8 Failed Payments
If a payment fails or is declined, we may suspend or restrict your access to paid features. We may retry the charge and/or contact you to update your payment information. Continued failure to pay may result in termination of your subscription and/or account.
5. AI-Generated Content Disclaimer
5.1 Nature of AI-Generated Content
THE SERVICE PROVIDES ACCESS TO ARTIFICIAL INTELLIGENCE LANGUAGE MODELS THAT GENERATE RESPONSES BASED ON STATISTICAL PATTERNS IN TRAINING DATA. AI-GENERATED CONTENT IS PRODUCED ALGORITHMICALLY AND NOT BY HUMAN BEINGS. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
- (a) AI-generated content may be inaccurate, incomplete, misleading, outdated, or entirely fabricated ("hallucinated");
- (b) AI-generated content may contain errors of fact, logic, reasoning, or interpretation;
- (c) AI-generated content may be biased, offensive, inappropriate, or harmful;
- (d) AI-generated content does not reflect the views, opinions, or endorsements of Fourever, Puggi Industries, LLC, or any of their officers, directors, employees, or affiliates;
- (e) AI-generated content should NOT be relied upon as a sole or primary source of information for any purpose.
5.2 Not Professional Advice
THE SERVICE DOES NOT PROVIDE AND IS NOT A SUBSTITUTE FOR PROFESSIONAL ADVICE OF ANY KIND. WITHOUT LIMITATION, AI-GENERATED CONTENT DOES NOT CONSTITUTE AND SHOULD NOT BE CONSTRUED AS:
- (a) Medical, health, or clinical advice, diagnosis, or treatment;
- (b) Legal advice, legal opinion, or legal representation;
- (c) Financial, investment, tax, or accounting advice;
- (d) Mental health or psychological counseling;
- (e) Professional engineering, architectural, or scientific guidance;
- (f) Any other form of licensed or regulated professional advice.
IF YOU REQUIRE PROFESSIONAL ADVICE, YOU MUST CONSULT A QUALIFIED, LICENSED PROFESSIONAL IN THE RELEVANT FIELD. RELIANCE ON AI-GENERATED CONTENT FOR PROFESSIONAL DECISIONS IS ENTIRELY AT YOUR OWN RISK.
5.3 No Guarantee of Accuracy
We make no representations, warranties, or guarantees regarding the accuracy, completeness, reliability, timeliness, suitability, or quality of any AI-generated content. The AI Models may produce different outputs for identical inputs and may change over time as the underlying models are updated by their providers.
5.4 User's Duty to Verify
You are solely responsible for independently verifying any information, advice, suggestions, code, or other content generated by the AI Models before acting upon or relying on it. We strongly recommend cross-referencing AI-generated content with authoritative, primary sources.
5.5 Emergency Situations
THE SERVICE IS NOT DESIGNED FOR USE IN EMERGENCY SITUATIONS. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, MENTAL HEALTH CRISIS, OR ANY SITUATION REQUIRING IMMEDIATE ASSISTANCE, CONTACT YOUR LOCAL EMERGENCY SERVICES (E.G., CALL 911 IN THE UNITED STATES) IMMEDIATELY. DO NOT USE THE SERVICE AS A SUBSTITUTE FOR EMERGENCY SERVICES.
6. User Responsibilities and Content
6.1 User Input
You are solely responsible for all content, data, text, prompts, and other materials that you submit, upload, or transmit to or through the Service ("User Input"). You represent and warrant that you have all necessary rights, licenses, and permissions to submit your User Input and that your User Input does not violate any applicable law, regulation, or third-party right.
6.2 Use of AI Output
You are solely responsible for your use of any content generated by the AI Models in response to your User Input ("AI Output"). This includes, without limitation, any decisions, actions, publications, distributions, or other uses based on or incorporating AI Output. We disclaim all liability for your use of AI Output.
6.3 No Monitoring Obligation
While we reserve the right to monitor, review, or analyze User Input and AI Output for purposes of ensuring compliance with these Terms, improving the Service, and maintaining safety, we are under no obligation to do so. We do not endorse, verify, or assume responsibility for any User Input or AI Output.
6.4 Content Ownership
- (a) You retain ownership of your User Input, subject to the licenses granted herein.
- (b) As between you and the Company, you are responsible for AI Output generated in response to your User Input. We do not claim ownership of AI Output. However, AI Output may not be subject to copyright protection under applicable law, and identical or substantially similar output may be generated for other users.
- (c) You grant us a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, modify, distribute, and display your User Input solely as necessary to provide, maintain, and improve the Service, and as described in our Privacy Policy.
7. Acceptable Use Policy
7.1 Prohibited Activities
You agree not to use the Service to:
- (a) Violate any applicable local, state, national, or international law, regulation, or ordinance;
- (b) Generate, distribute, or facilitate the creation of illegal content, including but not limited to child sexual abuse material (CSAM), content that exploits minors, or content that promotes terrorism or violent extremism;
- (c) Generate content that infringes upon the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party;
- (d) Engage in harassment, bullying, stalking, intimidation, defamation, or threats against any person or group;
- (e) Generate malware, viruses, phishing schemes, spam, or any other malicious code or deceptive content;
- (f) Attempt to circumvent, disable, or otherwise interfere with any safety filters, content moderation systems, rate limits, or other protective measures implemented by us or by the underlying AI Model providers;
- (g) Engage in "jailbreaking," "prompt injection," or any technique designed to cause the AI Models to produce outputs that violate the AI Model provider's usage policies;
- (h) Use the Service for bulk, automated, or programmatic access, including but not limited to scraping, data mining, bot activity, or integration with other services or APIs, without our prior written consent;
- (i) Use the Service to develop competing AI products or services, or to extract training data or model weights from the underlying AI Models;
- (j) Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- (k) Attempt to gain unauthorized access to the Service, other users' accounts, or any computer systems or networks connected to the Service;
- (l) Interfere with or disrupt the integrity or performance of the Service or its underlying infrastructure;
- (m) Use the Service to generate content for the purpose of deceiving others, including deepfakes, disinformation, or fraudulent impersonation;
- (n) Reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code or underlying algorithms of the Service;
- (o) Resell, sublicense, or commercially redistribute access to the Service without our prior written consent;
- (p) Use the Service in any manner that could damage, disable, overburden, or impair our servers or networks.
7.2 Enforcement
We reserve the right, but have no obligation, to investigate and take appropriate action against anyone who, in our sole discretion, violates this Section, including without limitation removing offending content, suspending or terminating the violator's account, and reporting the violator to law enforcement authorities.
7.3 Reporting
If you become aware of any violation of these Terms or any illegal activity conducted through the Service, you may report it to us at support@fourever.ai.
8. Intellectual Property
8.1 Company Intellectual Property
The Service, including but not limited to its design, layout, look, appearance, graphics, logos, trademarks, service marks, trade names, software, code, and all other intellectual property embodied therein (collectively, "Company IP"), is owned by or licensed to Puggi Industries, LLC and is protected by applicable intellectual property laws. You may not copy, reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any Company IP without our prior written consent, except as expressly permitted by these Terms.
8.2 Trademarks
"Fourever," the Fourever logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Puggi Industries, LLC or its affiliates or licensors. You may not use such marks without our prior written permission.
8.3 Feedback
If you provide us with any suggestions, ideas, enhancement requests, recommendations, or other feedback regarding the Service ("Feedback"), you hereby assign to us all right, title, and interest in and to such Feedback, and we are free to use, disclose, reproduce, license, distribute, and otherwise exploit the Feedback in any manner without any obligation, royalty, or restriction.
9. Third-Party Services and APIs
9.1 Third-Party Integrations
The Service relies on and integrates with the following third-party services and APIs:
- (a) OpenAI API: Powers the AI language model functionality of the Service. User conversations and prompts are transmitted to OpenAI's servers for processing. OpenAI's usage policies and terms of service apply to such processing.
- (b) Clerk: Provides authentication and user management services. Clerk processes your registration and authentication data.
- (c) Stripe: Provides payment processing services. Stripe processes your payment and billing information.
- (d) Convex: Provides backend data storage and real-time synchronization. Your data, including conversation history and preferences, may be stored using Convex.
- (e) Vercel: Provides web hosting and deployment infrastructure.
9.2 Third-Party Terms
Your use of the Service is also subject to the terms of service and privacy policies of the third-party providers listed above, as applicable. We encourage you to review those policies. We are not responsible for the practices or policies of any third-party service provider.
9.3 No Endorsement or Liability
The inclusion of any third-party service does not imply endorsement by us. We do not control, and are not responsible for, the availability, accuracy, security, or privacy practices of third-party services. We shall not be liable for any loss or damage caused by your reliance on any third-party service.
9.4 Data Transmission to Third Parties
By using the Service, you expressly acknowledge and consent to the transmission of your User Input and related data to third-party service providers, including OpenAI, for the purpose of generating AI Output. We do not control how third-party providers process, store, or use the data they receive. You should review each provider's terms and privacy policies for details on their data handling practices.
10. Privacy and Data Processing
Your privacy is important to us. Our collection, use, and disclosure of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to the data practices described in the Privacy Policy.
11. Disclaimer of Warranties
11.1 "As Is" and "As Available"
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PUGGI INDUSTRIES, LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE "COMPANY PARTIES") EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO:
- (a) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT;
- (b) WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE PRACTICE;
- (c) WARRANTIES REGARDING THE ACCURACY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF THE SERVICE OR ANY AI-GENERATED CONTENT;
- (d) WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
- (e) WARRANTIES REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE.
11.2 No Warranty for Third-Party Services
We make no warranties regarding any third-party services, APIs, or products integrated with or accessed through the Service, including without limitation the AI Models provided by OpenAI. The availability, performance, and accuracy of third-party services are beyond our control.
11.3 Beta Features
From time to time, we may offer experimental or beta features. Such features are provided "as is" without any warranties, and we may discontinue them at any time without notice or liability.
12. Limitation of Liability
12.1 Exclusion of Consequential Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH:
- (a) YOUR USE OF OR INABILITY TO USE THE SERVICE;
- (b) ANY AI-GENERATED CONTENT, INCLUDING BUT NOT LIMITED TO ANY ERRORS, INACCURACIES, OMISSIONS, OR HARMFUL CONTENT THEREIN;
- (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR ANY PERSONAL INFORMATION STORED THEREIN;
- (d) ANY INTERRUPTION OR CESSATION OF THE SERVICE;
- (e) ANY BUGS, VIRUSES, OR OTHER HARMFUL CODE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY;
- (f) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE;
- (g) ANY CONDUCT OF ANY THIRD PARTY ON OR RELATED TO THE SERVICE;
- (h) ANY ACTIONS OR DECISIONS MADE IN RELIANCE ON AI-GENERATED CONTENT;
WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12.2 Aggregate Liability Cap
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF THE COMPANY PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO US IN SUBSCRIPTION FEES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED U.S. DOLLARS ($100.00 USD).
12.3 Essential Purpose
THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION 12 SHALL APPLY EVEN IF ANY REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED 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 CASES, THE LIABILITY OF THE COMPANY PARTIES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
12.4 Basis of the Bargain
YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY SET FORTH IN THESE TERMS FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND THE COMPANY, AND THAT THE COMPANY WOULD NOT PROVIDE THE SERVICE TO YOU WITHOUT THESE LIMITATIONS.
13. Indemnification
13.1 Your Indemnification Obligations
You agree to defend, indemnify, and hold harmless the Company Parties from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or relating to:
- (a) Your use of or access to the Service;
- (b) Your User Input or your use of AI Output;
- (c) Your violation of these Terms;
- (d) Your violation of any applicable law, regulation, or third-party right;
- (e) Any claim that your User Input caused damage to a third party;
- (f) Any dispute between you and any third party relating to the Service;
- (g) Any actions, decisions, or consequences resulting from your reliance on AI-generated content;
- (h) Your negligent or wrongful acts or omissions.
13.2 Procedure
We will provide you with prompt notice of any claim subject to indemnification, provided that our failure to provide such notice shall not relieve you of your indemnification obligations except to the extent that such failure materially prejudices your ability to defend the claim. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims. You shall not settle any claim without our prior written consent.
14. Termination
14.1 Termination by You
You may terminate your account at any time by contacting us at support@fourever.ai or through your account settings. Termination of your account will not entitle you to any refund of prepaid subscription fees.
14.2 Termination by Us
We reserve the right to suspend, restrict, or terminate your account and/or access to the Service at any time, for any reason or no reason, at our sole discretion, with or without prior notice. Reasons for termination may include, without limitation:
- (a) Violation of these Terms or any applicable law;
- (b) Suspected fraudulent, abusive, or illegal activity;
- (c) Conduct that is harmful to other users, third parties, or the Company;
- (d) Extended periods of inactivity;
- (e) Nonpayment of applicable fees;
- (f) Requests by law enforcement or other government agencies;
- (g) Discontinuation or material modification of the Service;
- (h) Unexpected technical or security issues.
14.3 Effect of Termination
Upon termination of your account:
- (a) Your right to access and use the Service will immediately cease;
- (b) We may, but are not obligated to, delete your account data, including User Input, AI Output, conversation history, and preferences;
- (c) All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to Sections 5, 6, 8, 11, 12, 13, 15, and 16;
- (d) Any outstanding payment obligations shall remain due and payable;
- (e) We shall not be liable to you or any third party for any termination of your account or access to the Service.
14.4 Data Retrieval
Following termination, you may request a copy of your data by contacting us at support@fourever.ai within thirty (30) days of termination. After this period, we may permanently delete all data associated with your account without further notice or liability.
15. Dispute Resolution and Mandatory Arbitration
15.1 Informal Resolution
Before initiating any formal dispute resolution proceeding, you agree to first contact us at support@fourever.ai and attempt to resolve the dispute informally for at least sixty (60) days. Most disputes can be resolved through this informal process.
15.2 Mandatory Binding Arbitration
IF WE CANNOT RESOLVE A DISPUTE INFORMALLY, YOU AND THE COMPANY AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE (COLLECTIVELY, "DISPUTES") SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING INDIVIDUAL ARBITRATION, RATHER THAN IN COURT. This includes, without limitation, claims that arose before the existence of these Terms. The Federal Arbitration Act ("FAA"), 9 U.S.C. 1 et seq., governs the interpretation and enforcement of this Section 15.
15.3 Arbitration Procedures
Arbitration shall be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect, which are available at www.adr.org. If the AAA is unable or unwilling to administer the arbitration, the parties shall agree on an alternative arbitration forum or, failing agreement, a court shall appoint an arbitrator. The arbitration shall be conducted by a single arbitrator. The arbitration shall take place in Bernalillo County, New Mexico, or, at your election, may be conducted by telephone, videoconference, or based on written submissions. The arbitrator shall apply the substantive laws of the State of New Mexico, consistent with the FAA.
15.4 Arbitration Fees
Payment of all filing, administration, and arbitrator fees will be governed by the AAA's rules. If you demonstrate that the costs of arbitration would be prohibitive compared to the costs of litigation, we will pay as much of the filing, administration, and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive.
15.5 Class Action and Jury Trial Waiver
YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.
YOU AND THE COMPANY HEREBY WAIVE ANY RIGHT TO A JURY TRIAL FOR ANY AND ALL DISPUTES.
If this class action waiver is found to be unenforceable, then the entirety of this arbitration provision shall be null and void, and the dispute shall be resolved in the courts specified in Section 16.
15.6 Exceptions
Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights. Additionally, claims within the jurisdiction of a small claims court may be brought in such court.
15.7 Opt-Out
You may opt out of this arbitration provision by sending a written notice to support@fourever.ai within thirty (30) days of your first use of the Service. The notice must include your name, mailing address, email address associated with your account, and a clear statement that you wish to opt out of arbitration. If you opt out, you and the Company agree to submit to the personal jurisdiction of the courts specified in Section 16.
15.8 Survival
This Section 15 shall survive termination of these Terms and your use of the Service.
16. Governing Law
16.1 Choice of Law
These Terms and any Dispute arising out of or relating to these Terms or the Service shall be governed by and construed in accordance with the laws of the State of New Mexico, without regard to its conflict of laws principles.
16.2 Jurisdiction and Venue
For any Dispute not subject to arbitration, or if the arbitration provision is found to be unenforceable, you and the Company agree to submit to the exclusive personal jurisdiction of the state and federal courts located in Bernalillo County, New Mexico. You waive any objection to jurisdiction or venue in such courts.
17. Modifications to Terms
17.1 Right to Modify
We reserve the right to modify these Terms at any time at our sole discretion. When we make changes, we will update the "Last Updated" date at the top of these Terms and post the revised Terms on the Service.
17.2 Notice of Material Changes
For material changes, we will make reasonable efforts to provide you with notice, which may include sending an email to the address associated with your account, providing an in-app notification, or posting a prominent notice on the Service. Material changes will not apply retroactively and will become effective no sooner than fourteen (14) days after notice is provided.
17.3 Acceptance of Changes
Your continued use of the Service after the effective date of any modifications constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Service and may cancel your subscription.
18. General Provisions
18.1 Entire Agreement
These Terms, together with the Privacy Policy and any other agreements expressly referenced herein, constitute the entire agreement between you and the Company regarding the Service and supersede all prior and contemporaneous agreements, proposals, and communications, whether oral or written.
18.2 Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable, and the remaining provisions shall remain in full force and effect.
18.3 Waiver
The failure of the Company to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms shall be effective only if in writing and signed by the Company.
18.4 Assignment
You may not assign, transfer, or delegate your rights or obligations under these Terms without our prior written consent. We may freely assign, transfer, or delegate our rights and obligations under these Terms without restriction.
18.5 Force Majeure
We shall not be liable for any failure or delay in performing our obligations under these Terms to the extent that such failure or delay is caused by events beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, war, terrorism, riots, government actions, power failures, internet or telecommunications failures, or the acts or omissions of third-party service providers.
18.6 No Third-Party Beneficiaries
These Terms do not confer any third-party beneficiary rights. Nothing in these Terms, express or implied, is intended to create or confer upon any person (other than the parties hereto) any rights, benefits, or remedies.
18.7 Notices
Any notices required or permitted under these Terms shall be given in writing. We may provide notices to you via the email address associated with your account or through the Service. You may provide notices to us at support@fourever.ai or by mail at:
Puggi Industries, LLC 224 W 35th St New York, New York 10001
18.8 Headings
The section headings in these Terms are for convenience only and shall not affect the interpretation of these Terms.
18.9 Electronic Communications
By using the Service, you consent to receiving electronic communications from us. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
19. Contact Information
If you have any questions about these Terms, please contact us:
Puggi Industries, LLC (dba Fourever) 224 W 35th St New York, New York 10001
Email: support@fourever.ai Website: https://fourever.ai
By using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.