These Terms of Service govern your use of Pryda (the "Platform"), including its website, associated software applications, and related services (collectively, the "Services"). These Terms constitute a legally binding agreement between you and OttoLab Media Ltda., a company incorporated under the laws of Brazil, with CNPJ number 58.349.059/0001-70, and registered office at Avenida Alexandre Rasgulaeff, Doutor, n° 4370, Box Virtual 468, Jardim Imperial II, CEP 87.023-060, Maringá-PA, hereinafter referred to as "OttoLab" or "we". OttoLab operates globally, and the Services are offered to users internationally, including in the United States. By accessing or using the Services, you agree to be bound by these Terms, which include provisions for dispute resolution.
Our Privacy Policy, available on the Platform, explains how we collect, use, and protect your personal information. While our company is based in Brazil, we aim to comply with relevant international privacy standards, including the California Consumer Privacy Act (CCPA) and the General Data Protection Regulation (GDPR), where applicable.
Pryda is an online chat platform that utilizes artificial intelligence to create virtual, fictional characters (the "Gay Companions"). The Platform facilitates interactions through generated messages, allowing you to engage with these Gay Companions. Additionally, the Services may include media such as images and other content, subject to ethical guidelines. Certain features may require you to create a user account.
Minimum Age: You must be at least 18 years old to use the Services, with age verification conducted via secure methods to comply with applicable laws. You acknowledge that the Platform may include adult-oriented and sexually explicit content, and it is your responsibility to comply with local laws regarding such material.
Registration: Provide accurate and complete information during registration. Do not share your account credentials with others. If using the Services on behalf of another person, you must have their explicit consent.
Account Security: You are responsible for maintaining the confidentiality of your account details and for all activities that occur under your account.
Permitted Uses: Subject to your compliance with these Terms and applicable laws, you may access and use the Services. You must adhere to all guidelines and policies we provide.
Prohibited Uses: You may not use the Services for illegal, harmful, or unethical activities. This includes, but is not limited to:
Zero Tolerance Policy: Any use of the Platform to facilitate, promote, or condone exploitation, trafficking, or abuse will result in immediate account termination, reporting to relevant authorities, and potential legal action. OttoLab collaborates with law enforcement to combat such activities and may report suspected violations without prior notice.
You agree not to use the Services to create, share, or promote content involving minors (real or simulated), non-consensual acts, or content that violates applicable laws, including FOSTA-SESTA in the United States. OttoLab reserves the right to investigate and report violations to authorities.
Third-Party Services: The Services may incorporate third-party software or content ("Third-Party Services"), governed by their own terms. OttoLab is not liable for Third-Party Services.
Feedback: We welcome your input, and you agree that we may use it to improve the Services without compensation.
Compliance with Local Laws: You are responsible for ensuring that your use of the Services complies with all applicable local laws and regulations in your jurisdiction, including but not limited to content restrictions, privacy protections, and age limitations.
Your Content: You may create Gay Companions by defining their physical and personality traits using our tools. You are solely responsible for the content you provide ("Input"), ensuring it complies with these Terms and all applicable laws. You warrant that you have the necessary rights to submit such content. You agree not to upload, generate, or request content that involves real minors (including simulated or fictional representations perceived as minors), non-consensual acts, or any material that violates applicable local, national, or international law. OttoLab reserves the right to remove such content without prior notice and may report violations to relevant authorities, in compliance with laws such as the U.S. FOSTA-SESTA and Brazil's Child and Adolescent Statute.
Ownership of Content: All Gay Companions, platform design, logos, and proprietary technology are the exclusive property of OttoLab or its licensors. Unauthorized reproduction, modification, or distribution of intellectual property is prohibited and may lead to legal action.
License to OttoLab: By uploading or sharing content, you grant OttoLab a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, distribute, modify, display, or create derivative works of your content, consistent with our Privacy Policy. This license terminates upon deletion of your content or account, except for content used in commercial contexts, which persists until discontinued.
User Identification: We may use your username and related account information in accordance with your privacy settings and our Privacy Policy.
Similarity of Content: Due to the nature of AI, outputs may not be unique, and other users may receive similar content. This does not extend to third-party outputs.
Our Use of Content: OttoLab may use content to operate, maintain, enhance, and ensure the safety of the Services, as required by law or policy.
Opt-Out: If you do not wish your content to train our models, you may opt out by contacting pryda.ai@gmail.com. Note that this may limit certain functionalities.
Accuracy: AI and machine learning are evolving fields. While we strive to improve accuracy and safety, outputs may occasionally be incomplete, incorrect, or misaligned with real-world facts. You agree not to rely on outputs as a sole source of truth or for critical decisions (e.g., legal, medical) about individuals.
Please note that while we respect your privacy, content generated using public features (such as heartokens or shared avatars) may be stored or processed for operational and moderation purposes, in accordance with our Privacy Policy.
Users acknowledge that all prompts and generated content may be automatically filtered, blocked, or moderated, and that blocked or refused prompts do not entitle the user to refunds.
Users may not attempt to circumvent moderation systems, including by using synonyms, symbols, or obfuscated spellings.
OttoLab may retain minimal records of blocked attempts strictly for purposes of security, auditing, and legal reporting.
All rights to the Services, including design and technology, are owned by OttoLab and its affiliates.
Paid Subscriptions: Certain features offer enhanced functionalities ("Benefits") via paid subscriptions, detailed at purchase. Manage subscriptions via your account settings.
Billing: Provide accurate payment information. Subscriptions auto-renew unless canceled. Payments may be processed by third-party services outside Brazil. Failed payments may result in account downgrade or suspension until resolved.
Subscription Terms: OttoLab reserves the right to offer premium features exclusively to subscribers. Payments are due as presented on the Platform, including applicable taxes. OttoLab is not liable for transactions via unrecognized third-party platforms.
Cancellation: Cancel your subscription anytime via your account. Payments are non-refundable except as required by law. Local cancellation rights under Brazilian or U.S. law prevail.
Refunds may be issued if:
We do not offer refunds for change of mind, unused time, or dissatisfaction with AI output, except where required by law.
Price Changes: We may adjust prices with at least 30 days' notice. Increases apply at your next renewal, allowing you to cancel if you disagree.
Termination: You may stop using the Services anytime. OttoLab may suspend or terminate your account if:
Appeals: If you believe your account was suspended or terminated in error, appeal by emailing pryda.ai@gmail.com.
OttoLab may discontinue Services with advance notice and provide refunds for unused prepaid amounts.
THE SERVICES ARE PROVIDED "AS IS." TO THE EXTENT PERMITTED BY LAW, OTTOLAB AND ITS AFFILIATES DISCLAIM ALL WARRANTIES (EXPRESS, IMPLIED, OR STATUTORY), INCLUDING MERCHANTABILITY, FITNESS FOR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE UNINTERRUPTED, ACCURATE, OR ERROR-FREE SERVICES, NOR THE SECURITY OF CONTENT. YOU USE THE SERVICES AT YOUR OWN RISK AND SHOULD NOT RELY ON OUTPUTS AS A SOLE SOURCE OF TRUTH OR PROFESSIONAL ADVICE.
OTTOLAB AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, OR OTHER INTANGIBLE LOSSES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OTTOLAB'S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF: (i) THREE TIMES THE AMOUNT PAID BY YOU FOR THE SERVICES IN THE THREE (3) MONTHS PRIOR TO THE CLAIM; OR (ii) TWO HUNDRED FIFTY U.S. DOLLARS (USD $250).
SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU IN FULL. IN SUCH CASES, OTTOLAB'S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
If you are a business or organization, you agree to indemnify and hold harmless OttoLab, its affiliates, and personnel from costs, losses, or liabilities arising from third-party claims related to your use of the Services or breach of these Terms, to the extent permitted by law.
YOU AND OTTOLAB AGREE TO MANDATORY ARBITRATION AND CLASS ACTION WAIVER AS FOLLOWS:
Mandatory Arbitration: Disputes arising from these Terms or Services will be resolved through final, binding arbitration. You may opt out within 30 days of account creation or updates to these terms by emailing pryda.ai@gmail.com. If opted out, the prior arbitration terms apply.
Informal Resolution: Both parties must attempt to resolve Disputes informally via email (pryda.ai@gmail.com for you; your registered email for us) within 60 days. A settlement conference may be requested. Statutes of limitations are tolled during this period.
Arbitration Forum: If unresolved, arbitration will be conducted under the administration of the CAM-CCBC (Centro de Arbitragem e Mediação da Câmara de Comércio Brasil-Canadá), in accordance with its applicable rules. The proceedings will be held in São Paulo, Brazil, and may be conducted in Portuguese or English, as agreed by the parties. The arbitrator will be a retired judge or licensed attorney with experience in technology or commercial disputes.
Procedures: The arbitrator has exclusive authority, except courts in São Paulo/Brazil may handle enforceability or class action waiver disputes. Settlement offers remain confidential until the final award.
Exceptions: Claims in small claims court or for injunctive relief to stop unauthorized use or intellectual property issues are exempt from arbitration.
Class and Jury Waiver: Disputes must be individual; class actions are prohibited. Only individual relief is available. Public injunctive relief may be severed post-arbitration. Both parties waive jury trials.
Batch Arbitration: If 25+ similar claims arise within 90 days, they may be batched (up to 50 per batch) with a single arbitrator, unless invalid for a claimant, then arbitrated individually.
Severability: If any arbitration term is unenforceable, it will be severed unless it allows class actions, rendering this section void.
If you believe your intellectual property rights are infringed, notify pryda.ai@gmail.com. We may remove content believed to violate these Terms or be infringing and terminate repeat offenders' accounts.
Claims must include:
Assignment: You may not assign rights or obligations; attempts are void. OttoLab may assign to affiliates or successors.
Changes: We may update Terms or Services due to legal, security, or technological reasons, with 30 days' notice for material changes via email or in-product notification. Other changes take effect upon posting; non-acceptance requires cessation of use.
Enforcement Delay: Non-enforcement does not waive rights, except as noted in dispute resolution.
Trade Controls: Comply with all trade laws, including sanctions. Services may not be used in embargoed regions or for prohibited end uses.
Entire Agreement: These Terms, with Service-specific terms, are the full agreement, superseding prior understandings.
Governing Law: These Terms are governed by the laws of Brazil, without regard to its conflict of law principles. Disputes that are not subject to arbitration shall be resolved in the courts of São Paulo, Brazil.
If you have any questions about these Terms, please contact our legal team at pryda.ai@gmail.com or write to our registered address.