IMPORTANT:
These Terms of Service ("Terms") govern your access to and use of the Timeless AI™ platform ("Platform") operated by IDY Pty Ltd ABN 22 688 561 042 ("IDY", "we", "us", "our"). Timeless AI™ is a memory and story preservation platform that enables you to capture your personality, memories, and voice in a living AI persona — building a lasting record of who you are for the people you love. By creating an account or using the Platform, you agree to be bound by these Terms. If you do not agree, do not use the Platform.
1. The Platform
1.1 Timeless AI™ is operated by IDY Pty Ltd, incorporated in New South Wales, Australia. IDY also operates Afterlife AI™ on shared infrastructure. These Terms apply exclusively to Timeless AI™.
1.2 The Platform uses artificial intelligence to generate persona representations based on data you provide. Persona outputs are probabilistic and do not constitute advice of any kind.
2. Eligibility
2.1 You must be at least 18 years of age to use the Platform.
2.2 By accepting these Terms you represent and warrant that you have the legal capacity to enter into a binding agreement under the laws of your jurisdiction.
2.3 You may not use the Platform if prohibited from doing so under Australian law or the laws of your jurisdiction.
3. Your Account
3.1 You are responsible for maintaining the confidentiality of your account credentials and must notify us immediately at support@idy.ai if you suspect unauthorised access.
3.2 You are solely responsible for all activity under your account.
3.3 You must provide accurate and current information at registration and keep it updated.
3.4 IDY may suspend or terminate your account if we reasonably believe it has been compromised or used in violation of these Terms.
4. Subscriptions and Payment
4.1 The Platform offers the following subscription tiers: Free (no charge); Premium (mid-tier paid subscription); Family (premium paid subscription); and annual and long-term prepaid plans. Pricing and features are described at timeless.ai/pricing and are subject to change with 30 days notice.
4.2 Paid subscriptions are billed in advance on a monthly or annual basis. All prices are in United States dollars (USD) unless otherwise stated.
4.3 Payment is processed by Stripe. IDY does not store your payment card details.
4.4 You may cancel your subscription at any time through the Platform settings. Cancellation takes effect at the end of the current billing period. No refunds are provided for partial billing periods except as required by the Australian Consumer Law.
4.5 Annual and long-term prepaid plans are non-refundable except as required by law.
4.6 IDY may suspend access to paid features if payment fails after reasonable notice and a seven-day cure period.
5. Acceptable Use
5.1 You agree to use the Platform only for lawful purposes and in accordance with these Terms. You must not:
* use the Platform to create an AI persona of any living or deceased person other than yourself without their explicit written consent or the consent of their legal estate representative;
* upload or input content that is unlawful, defamatory, harassing, threatening, obscene, or that infringes any third party's intellectual property rights;
* attempt to reverse engineer, decompile, or extract any component of the Platform's AI systems, memory architecture, or governance mechanisms;
* use automated tools, bots, or scripts to access or interact with the Platform other than as expressly permitted;
* attempt to circumvent the Executor Lock™ mechanism or any other governance control;
* share your account credentials with any third party;
* use the Platform in any manner that could damage, disable, or impair the Platform or interfere with other users' access.
5.2 IDY may remove content and suspend or terminate accounts that violate this clause without notice where IDY reasonably determines that immediate action is necessary.
6. Your Content
6.1 You retain ownership of all content, memories, media, and data you input into the Platform ("Your Content").
6.2 By uploading Your Content, you grant IDY a limited, non-exclusive, royalty-free licence to process, store, and use Your Content solely to provide the Platform services to you. This licence does not extend to commercial use, model training except under a separate agreement, or third-party disclosure, except in connection with a merger, acquisition, asset sale, or other business transfer as described in the Privacy Policy.
6.3 You represent and warrant that Your Content does not infringe any third party's rights and that you have all necessary rights and consents to upload it.
6.4 IDY does not use Your Content to train AI models unless expressly permitted under a separate agreement.
7. AI-Generated Content and Persona Outputs
7.1 The Platform uses artificial intelligence to generate persona representations and responses based on data you provide. You acknowledge and agree that:
* AI-generated outputs are probabilistic and may not accurately represent your views, personality, memories, or identity in all circumstances;
* AI-generated outputs do not constitute advice of any kind — including legal, financial, medical, or psychological advice;
* AI-generated outputs are not representations of fact and must not be relied upon as such;
* the accuracy and authenticity of persona outputs depend entirely on the quality and accuracy of the data you provide;
* AI model capabilities may change over time due to updates by third-party AI infrastructure providers, which may affect persona output quality or characteristics. IDY is not liable for any such changes.
7.2 IDY makes no warranty that AI-generated outputs will meet any standard of accuracy, authenticity, or emotional resonance.
7.3 You accept full responsibility for how you and your Trusted Contacts use and interpret AI-generated persona outputs.
8. Executor Lock™
8.1 The Executor Lock™ feature is governed by a separate Executor Lock™ Agreement that must be read and accepted by both you and your designated Executor at the time of executor designation. The Executor Lock™ Agreement is incorporated into these Terms by reference.
8.2 In the event of any inconsistency between these Terms and the Executor Lock™ Agreement in relation to Executor Lock™ matters, the Executor Lock™ Agreement prevails.
8.3 The Executor Lock™ event is permanent and irreversible. By designating an Executor and accepting the Executor Lock™ Agreement you acknowledge that you fully understand and accept this.
9. Limitation of Liability
The following limitations apply to the maximum extent permitted by law, including the Australian Consumer Law. Nothing in these Terms excludes, restricts, or modifies any right or remedy that cannot lawfully be excluded or limited, including any guarantee under the Australian Consumer Law.
9.1 To the maximum extent permitted by applicable law, IDY's total aggregate liability to you for all claims arising out of or in connection with the Platform or these Terms is limited to the total amount paid by you to IDY in the twelve months immediately preceding the event giving rise to the claim, or USD $100, whichever is greater.
9.2 To the maximum extent permitted by applicable law, IDY excludes all liability for:
* any indirect, incidental, special, consequential, or punitive loss or damage;
* loss of profits, revenue, data, business, goodwill, or anticipated savings;
* loss or damage arising from your reliance on AI-generated persona outputs;
* emotional distress, psychological harm, or grief arising from use of the Platform or interaction with AI-generated persona content;
* any loss arising from the actions, decisions, or omissions of your designated Executor or Trusted Contacts;
* any loss arising from changes to AI model capabilities, third-party infrastructure availability, or force majeure events as defined in clause 14;
* any loss arising from the permanent irreversibility of the Executor Lock™ event;
* any loss arising from your failure to designate an Executor or configure your legacy or memory delivery settings.
9.3 Where the Australian Consumer Law implies a guarantee that cannot be excluded, IDY's liability is limited, at IDY's option, to: (a) resupply of the relevant service; or (b) payment of the cost of having the service resupplied.
9.4 IDY does not exclude liability for death or personal injury caused by IDY's negligence, or for fraud or fraudulent misrepresentation.
9.5 To the maximum extent permitted by law, no director, officer, employee or agent of IDY has any personal liability to you under or in connection with these Terms or the Platform.
10. Indemnity
You agree to indemnify, defend, and hold harmless IDY, its directors, officers, employees, contractors, and agents from and against any claims, damages, losses, costs, and expenses (including reasonable legal fees) arising from: (a) your use of the Platform in violation of these Terms; (b) Your Content; (c) your designation of an Executor or Trusted Contact and any actions taken by them; or (d) any misrepresentation made by you in connection with the Platform.
11. Intellectual Property
11.1 The Platform, including all software, design, architecture, and content created by IDY, together with the trademarks Timeless AI™, Executor Lock™, and Build Once. Live Twice.™, are owned by IDY Pty Ltd and protected by Australian and international intellectual property laws.
11.2 You receive only a limited, non-exclusive, non-transferable licence to use the Platform for personal, non-commercial purposes in accordance with these Terms.
11.3 You must not use IDY's trademarks without prior written consent.
12. Privacy
12.1 IDY's collection and use of personal data is governed by the Timeless AI™ Privacy Policy, available at timeless.ai/privacy-policy, which is incorporated into these Terms by reference.
13. Termination
13.1 You may terminate your account at any time through the account deletion process in the Platform settings.
13.2 IDY may suspend or terminate your account immediately, without notice, if you breach these Terms, if required by law, or if IDY reasonably determines that continued access poses a risk to IDY, other users, or third parties.
13.3 Clauses 6.2, 7, 9, 10, 11, 15, and 16 survive termination.
14. Force Majeure
IDY is not liable for any failure or delay in performance caused by circumstances beyond its reasonable control, including: natural disasters, pandemics, or acts of God; failure or unavailability of third-party infrastructure or telecommunications networks; changes to, deprecation of, or unavailability of AI model capabilities including changes made by third-party AI infrastructure providers to their models, APIs, or service terms; regulatory changes requiring modification or discontinuation of Platform features; or cyberattacks or malicious acts of third parties.
15. Dispute Resolution
15.1 You agree to attempt to resolve any dispute with IDY informally first by contacting us at legal@idy.ai. IDY will endeavour to respond within 14 days.
15.2 If the dispute is not resolved within 30 days of written notice, either party may commence proceedings in the courts of New South Wales, Australia. 15.3 The parties may agree to mediation, but mediation is not mandatory. 15.4 Nothing in this clause prevents IDY from seeking urgent interlocutory or injunctive relief in any court of competent jurisdiction. 15.5 To the maximum extent permitted by law, each party bears its own legal costs.
15.6 These Terms are governed by the laws of New South Wales, Australia. You submit to the non-exclusive jurisdiction of the courts of New South Wales.
16. General
16.1 Entire Agreement. These Terms, together with the Privacy Policy and Executor Lock™ Agreement (if applicable), constitute the entire agreement between you and IDY regarding the Platform.
16.2 Severability. If any provision is unenforceable, it is severed and the remainder continues in full force.
16.3 Waiver. A failure to exercise any right under these Terms does not constitute a waiver of that right.
16.4 Assignment. IDY may assign its rights and obligations to a successor entity. You may not assign your rights without IDY's prior written consent.
16.5 Updates. IDY may update these Terms from time to time. Material changes will be notified by email or in-app notice at least 30 days before taking effect. Continued use after the effective date constitutes acceptance of the updated Terms.
17. Contact
IDY Pty Ltd | ABN 22 688 561 042
General: support@idy.ai | Legal: legal@idy.ai | Privacy: privacy@idy.ai
Website: timeless.ai