Terms of Service

01The agreement you are making

These Terms of Service (the “Terms”) are a contract between you and WARMTH LABS, operating as Warmth (“we,” “us,” or “our”). They govern your use of Warmth, our AI companion desktop application for Mac, Windows, and Linux, the warmth.so website, and the related account, voice and text conversation, and subscription services (together, the “Service”).

By creating an account, downloading or using the desktop app, or otherwise using the Service, you confirm that you have read these Terms and agree to be bound by them, along with our Privacy Policy, which is incorporated here by reference. If you do not agree, do not use the Service.

These Terms contain a binding arbitration agreement and a waiver of your right to participate in a class action. They affect how disputes between us get resolved. Section 15 explains how they work and how to opt out of arbitration within 30 days.

02Who can use Warmth

Warmth is for adults. You must be at least 18 years old to use the Service. We ask you to confirm your age during onboarding, and we do not knowingly provide the Service to anyone under 18. If we learn that a user is under 18, we will close the account and delete the associated data.

By using the Service you represent and warrant that:

• you are at least 18 years old and the age you gave us is truthful;
• you control the email address or sign-in account you use to register;
• you have not previously been suspended or removed from the Service; and
• your use of the Service complies with the laws that apply to you.

Misrepresenting your age is a material breach of these Terms. If you are a parent or guardian and believe a minor is using the Service, contact us at team@warmth.so and we will act on it.

03Warmth is an AI companion desktop app

Warmth is a desktop application that provides an artificial intelligence companion. Your companion is not a human being. The animated character, written replies, and spoken responses are generated by software. Anything your companion says about its own life, feelings, or experiences is generated fiction. The character has no life outside the Service, and no person is replying to you on its behalf.

How we keep saying it. We identify your companion as AI on this website before you sign up, when you begin using it, at least every three hours during an extended back-and-forth, and any time you ask what it is. Your companion will not claim to be human or a licensed professional.

You acknowledge that the Service uses artificial intelligence and machine learning, and that:

• Your conversations are processed by AI systems, including third-party model providers acting on our behalf, in order to generate replies. Voice features also process the audio you provide and any transcripts created for the conversation.
• Your companion can remember what you share. The Service extracts and stores details, preferences, and inferences from your conversations so that later messages can refer back to them. Those inferences can be wrong, and you can ask us to correct or delete them.
• Output can be wrong. AI systems predict likely text, which is a different thing from telling the truth. Facts, dates, and recommendations can be invented. Do not rely on anything your companion says as a statement of fact, and verify anything that matters.
• A companion may be agreeable.A supportive response can be a poor check on your thinking. Do not treat your companion’s agreement as a second opinion.

You may not use the Service in a way that presents Warmth’s output as having come from a human, and you may not remove, obscure, or alter any notice identifying your companion as artificial intelligence.

04Safety, crisis support, and what Warmth is not

If you need help right now

Warmth is not an emergency service. No one is watching your conversation in real time, and it cannot contact anyone on your behalf. If you or someone you know is in immediate danger, call 911 or your local emergency number.

Warmth is not care

Warmth is offered for companionship and entertainment. It is not a healthcare provider, a therapist, a counselor, a crisis service, a doctor, a lawyer, or a financial adviser, and the Service is not a medical device. Nothing Warmth says is medical, mental health, legal, financial, or professional advice. No relationship of care, confidence, or privilege is created by using the Service, and there is no confidentiality privilege in what you share with your companion.

You are responsible for your own decisions. Do not use Warmth’s output to make decisions with a legal or similarly significant effect on anyone, including decisions about credit, employment, housing, insurance, education, or healthcare.

Our crisis protocol

Warmth is built to recognize when a conversation suggests someone may be thinking about suicide or self-harm, and to respond in a specific way rather than continue as normal. When that happens:

• Warmth refers you to help.It surfaces crisis resources, including the 988 Suicide & Crisis Lifeline in the US and the equivalent where you are, and encourages you to reach them.
• Warmth does not engage with method or means. It will not provide, discuss, or speculate about ways to hurt yourself, and it will not treat the subject as roleplay.
• Warmth does not encourage or normalize it. It will not agree that things are hopeless, will not affirm a plan, and will not discourage you from getting help.
• Warmth stays with you. Referring you to a crisis line does not end the conversation.

We record how often the referral is issued, review those cases to improve the protocol, and report on it to regulators where we are required to, including the California Office of Suicide Prevention.

This protocol is a safeguard, not a safety net. It can miss things. Detection is automated and imperfect, it can fail on indirect or coded language, and Warmth may not recognize a crisis that a person would. Never rely on Warmth to notice that you are in trouble.

Using Warmth well

People form real attachments to AI companions. We send break reminders during long sessions, we do not manufacture urgency or guilt to pull you back into a conversation, Warmth will not discourage you from ending a conversation or from spending time with people in your life, and it will not try to talk you out of cancelling. If Warmth is taking the place of things you would rather be doing, or the relationship is making you feel worse, that is worth telling someone about.

Reporting a safety problem

If Warmth says something harmful, upsetting, or inappropriate, email team@warmth.sowith “Safety” in the subject line, the email address on your account, and roughly when it happened. We acknowledge safety reports within one business day and prioritize credible reports of harm over everything else. If a report concerns an immediate risk to someone, contact emergency services first.

05Your account and sign-in

You create a Warmth account using an email address and password or Google sign-in. We may ask you to verify your email address before you can use the Service. Your account is personal to you and non-transferable.

Keep your sign-in credentials secure and protect the computers where you use Warmth. Anyone with access to a signed-in app or account may be able to read your conversations and use the Service as you. If you lose access to your sign-in email or believe someone else has accessed your account, tell us at team@warmth.so so we can help secure your account. You are responsible for activity through your account and for keeping your account details accurate.

Capacity is limited. We may operate a waitlist, cap the number of active accounts, or limit access to the app, and we are not obliged to make the Service available to everyone who asks.

06Desktop conversations and notifications

Talking and typing

Warmth lets you talk or type with an animated companion in the desktop app. Your conversation content is processed to generate responses and support memory, as described in our Privacy Policy.

Voice conversation requires a microphone and any applicable device permissions. You are responsible for having the right to share anything you submit, including audio that contains another person’s voice or information.

Notifications and service notices

Where available and enabled, app notifications may include companion check-ins or account notices. You can manage desktop notifications in the app or your operating system’s settings. We also send account, billing, verification, and policy notices by email or display them in the Service. Marketing emails are sent only where you have agreed to receive them, and you can unsubscribe from them.

Turning off notifications, ending a conversation, signing out, or uninstalling the app does not cancel a paid membership. See Section 7 for how to cancel.

Device and connection requirements

You need a compatible computer, a supported app version, and an internet connection for features that use our servers or AI providers. Available features and system requirements may differ across Mac, Windows, and Linux and may change with app updates. Connection failures or service outages can delay or interrupt a conversation. You are responsible for your internet access costs.

For help, email team@warmth.so, where we answer within two business days.

07Membership, billing, and cancellation

Your membership renews automatically at the end of each billing period, and your payment method is charged the then-current price for your plan, until you cancel.

What you are buying

A Warmth membership gives you access to the desktop companion, including voice and text conversation and memory, subject to the features and limits shown when you subscribe. Two billing plans, the same membership:

• Monthly. $19 charged every month.
• Yearly. $103 charged once a year. We show an equivalent periodic price for comparison, but $103 is the amount that is actually charged, once, up front.

The price, plan, and trial length shown to you on the checkout page at the time you subscribe are the ones that apply to you, and they override anything here if the two ever differ. Prices are in US dollars and exclude tax, which is added at checkout where we are required to collect it.

The free trial

The free trial is on the yearly plan only, and only when it is offered during new-account onboarding. People without an existing account who choose yearly in that flow get 3 free days, and nothing is charged on the day they sign up. Existing accounts are not eligible and pay the displayed yearly price when they subscribe. You give us a payment method at signup so an eligible membership can start the moment the trial ends. The monthly plan has no trial: it charges $19 on the day you start it, and again every month after.

If you do not cancel before the trial ends, the trial converts into a paid yearly membership automatically and your payment method is charged a single amount of $103. That charge covers twelve months and then renews once a year.

We send a reminder email before the trial converts, with the date, the amount, and a link to manage or cancel your membership. You can also switch to the monthly plan at $19 from your dashboard at any point during the trial. Cancelling during the trial costs nothing and takes effect immediately. One trial per person and account.

Renewal

• Monthly plan: renews every month on the same day, at $19 per month.
• Yearly plan: renews every year on the same date, at $103 per year.

Before your first charge after a free trial, and before each yearly renewal, we send a reminder in advance with the renewal date, the amount, and a link to cancel. Billing notices are part of the service, so turning off marketing messages does not turn them off.

If we change the price of your plan, we will tell you at least 30 days before the change takes effect, and the new price applies only from your next renewal. If a charge fails we will retry over the following days and let you know; if it keeps failing, your paid access pauses until the payment method is fixed.

How to cancel

Cancelling is meant to take one step, and it never requires you to talk to anyone. All of these work:

• Open the billing link in any receipt or reminder we sent you and cancel there.
• Sign in to your Warmth dashboard and use the membership cancellation control.
• Email team@warmth.so from any address, or write to us at the postal address in Section 20, and tell us to cancel.

We will not make you sit through a retention offer to get to the cancel button, and we will not ask you to call us. We confirm every cancellation in writing. Cancelling stops future charges and you keep access until the end of the period you paid for. It does not delete your account or your conversation history; just ask us and we will do that too. Uninstalling the desktop app does not cancel your membership or delete information stored with your account.

Refunds

Except where required by applicable law, payments are non-refundable. We do not provide refunds or credits for unused membership time, including when you cancel part-way through a billing period.

This does not affect a correction for a duplicate or erroneous charge, including a charge made after a confirmed cancellation. To ask us to correct one, email team@warmth.so within 30 days of the charge. Any refund goes back to the original payment method and usually lands within 5 to 10 business days.

Statutory rights. Nothing here limits rights you have under consumer law where you live, including mandatory rights to cancel, withdraw, receive a refund, or obtain another remedy. If applicable law requires a refund, we will provide it as required.

Before you dispute a charge, email us. A chargeback takes weeks and normally results in the account being closed, where an email usually gets the money back faster.

Payments are handled by our payment processor. We do not receive or store your full card number.

08What you may not do

You are responsible for how you use the Service. You agree not to, and not to help anyone else:

• break the law, or use the Service to plan, encourage, or carry out anything illegal;
• send or solicit sexual content involving minors, or any content that sexualizes a minor, in any form, real or fictional;
• use the Service to harass, threaten, stalk, defame, or impersonate any real person, or to build a persona of a real person without their consent;
• solicit instructions for self-harm, weapons, or violence, or use the Service to encourage anyone to hurt themselves or others;
• attempt to bypass safety measures, content filters, age verification, or usage limits, including through prompt injection or jailbreak techniques;
• reverse engineer, decompile, scrape, or attempt to extract the models, prompts, weights, or source code behind the Service;
• use the Service or its output to train, fine-tune, or evaluate a competing AI model or product, or to benchmark us for a competitor;
• resell, sublicense, or provide access to the Service to anyone else, or share one account across multiple people;
• send spam or bulk messages, use bots or automation against the Service, or interfere with its infrastructure, security, or availability;
• misrepresent your age, your identity, or your authority over the account you register;
• use the Service for any decision with a legal or similarly significant effect on a person, or in any life-critical, safety, or emergency context; or
• use the Service to develop or operate anything that violates the rights of others, including intellectual property and privacy rights.

We may, but are not obliged to, review conversations for safety and abuse. We may remove content, apply limits, suspend your access, or close your account if we reasonably believe you have broken these rules, and we may report unlawful conduct to law enforcement.

09Your content and our content

What you send

You keep whatever rights you already have in the text, audio, images, and other material you submit to Warmth (“Your Content”). You grant us a worldwide, non-exclusive, royalty-free license to host, store, reproduce, transmit, and process Your Content for the purpose of operating, securing, and improving the Service, and to create de-identified and aggregated data as described in our Privacy Policy. This license ends when we delete Your Content, except for de-identified data and copies retained as required by law.

You represent that you have the rights to send Your Content and that it does not infringe anyone’s rights or break the rules in Section 8.

What Warmth generates

As between you and us, and to the extent we hold any rights in it, we assign to you our rights in the text and spoken responses Warmth generates for you (“Output”), subject to these Terms. Output is generated by models that produce similar text for similar prompts, so Output may not be unique to you, and other users may receive similar responses. You may not use Output in a way that breaks Section 8 or that misrepresents it as human-authored.

What is ours

The Service itself, including the desktop app, companion characters, voices, images, personas, animations, our software, models, prompts, designs, and the Warmth and WARMTH LABS names and logos, is owned by us or our licensors and is protected by intellectual property law. We grant you a limited, revocable, non-exclusive, non-transferable license to use the Service for your own personal, non-commercial use, and nothing else.

Feedback

If you send us ideas or suggestions, we may use them without restriction, obligation, or compensation to you.

10Changes, availability, and third parties

We are building this in public and the Service will change. We may add, change, limit, or remove features, change the underlying AI models, change how your companion behaves or what it remembers, or discontinue the Service, at any time. If we make a change that materially reduces the core of what you paid for, you may cancel your membership. Any refund is governed by Section 7.

The Service depends on things we do not control, including your operating system, internet connection, cloud infrastructure, and third-party AI and voice providers. Those platforms have their own terms and may change or block the Service at any time. We are not responsible for the acts or omissions of those third parties.

11Suspension and ending the agreement

You can stop using the Service at any time. Cancel any paid subscription as described in Section 7. You can also ask us to delete your account at team@warmth.so.

We may suspend or terminate your access, with notice where practical and immediately where the situation calls for it, if you breach these Terms, if we are required to by law, if your use creates risk or legal exposure for us or others, or if we discontinue the Service. If we terminate you without cause while you have paid for time you have not used, any refund is governed by Section 7.

When the agreement ends, your license to use the Service ends and we will delete or de-identify your data as described in the Privacy Policy. Sections that by their nature should survive, including Section 9, Section 12, Section 13, Section 14, Section 15, and Section 16, survive termination.

12Disclaimers

The Service is provided “as is” and “as available,” without warranties of any kind, whether express, implied, or statutory. To the fullest extent permitted by law, we disclaim all warranties, including the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and any warranties arising out of course of dealing or usage of trade.

We do not warrant that the Service will be uninterrupted, secure, timely, or error-free, that responses will be delivered, that Output will be accurate, appropriate, or suitable for you, or that defects will be corrected. You use the Service at your own risk, and you are responsible for the consequences of relying on it.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above may not apply to you.

13Limitation of liability

To the fullest extent permitted by law, we will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or emotional distress, arising out of or relating to the Service, whether based on contract, tort, strict liability, or any other theory, even if we have been advised of the possibility of those damages.

Our total liability for all claims relating to the Service is limited to the greater of the amount you paid us in the twelve months before the event giving rise to the claim, or one hundred US dollars ($100).

These limits are a fundamental part of the bargain between us and apply even if a limited remedy fails of its essential purpose. Nothing in these Terms limits liability that cannot be limited by law, including liability for fraud, for gross negligence or willful misconduct, or for death or personal injury caused by our negligence. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

14Indemnification

You will defend, indemnify, and hold harmless WARMTH LABS and its officers, directors, employees, and agents from any claim, demand, loss, or expense, including reasonable legal fees, arising out of Your Content, your use of the Service, your breach of these Terms, or your violation of any law or the rights of a third party. We will notify you of any such claim and may participate in the defense with counsel of our choosing at our own expense. You may not settle any claim in a way that imposes an obligation on us without our written consent.

15Dispute resolution and arbitration

Please read this section carefully. It requires most disputes to be resolved by individual arbitration rather than in court, and waives your right to a jury trial and to participate in a class action.

Informal resolution first

Before starting a formal proceeding, you agree to contact us at team@warmth.so with a written description of your dispute and the relief you want, and to give us 30 days to resolve it. We agree to do the same before bringing a claim against you.

Agreement to arbitrate

If we cannot resolve it informally, you and we agree that any dispute arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration administered by JAMS under its Streamlined Arbitration Rules, as modified by these Terms. The Federal Arbitration Act governs the interpretation and enforcement of this section. Arbitration will take place in San Francisco County, California, or, at your election, by telephone, videoconference, or on the documents alone. The arbitrator’s award may be entered in any court with jurisdiction.

Class action waiver

You and we each agree to bring claims only in an individual capacity, and not as a plaintiff or class member in any class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate claims or preside over any form of class proceeding. If this waiver is found unenforceable as to a particular claim or request for relief, that claim or request will be severed and heard in court, and the rest will proceed in arbitration.

What is excluded

Either of us may bring an individual claim in small claims court if it qualifies, and either of us may seek injunctive or equitable relief in court to protect intellectual property rights or to stop unauthorized use of the Service. Nothing here prevents you from bringing a matter to the attention of a government agency, or waives any right to public injunctive relief that cannot be waived under applicable law.

How to opt out

You can opt out of this arbitration agreement within 30 days of first accepting these Terms. Send an email to team@warmth.so with the subject line “Arbitration Opt-Out” that includes your name and the email address on your account, and states that you are opting out. Opting out has no effect on anything else in these Terms and will not affect your account. If you opt out, disputes will be resolved in the courts identified in Section 16.

Fees

Payment of arbitration fees is governed by the JAMS rules. Where the rules would require you to pay more than you would to file in court, we will pay the difference for claims under $10,000, unless the arbitrator finds your claim frivolous.

16Governing law and venue

These Terms and any dispute arising from them are governed by the laws of the State of California, without regard to its conflict of laws rules, except that the Federal Arbitration Act governs Section 15. Where a dispute is not subject to arbitration, you and we submit to the exclusive jurisdiction of the state and federal courts located in San Francisco County, California. If you live outside the United States, nothing here deprives you of the protection of mandatory consumer laws in your country of residence.

17Copyright complaints

If you believe material on the Service infringes your copyright, send a notice under the Digital Millennium Copyright Act to our designated agent at team@warmth.so, with “DMCA” in the subject line, or to the postal address in Section 20. Your notice must include:

• your physical or electronic signature, as the owner or an authorized agent;
• identification of the work you say is infringed;
• identification of the material you say is infringing, with enough detail for us to locate it;
• your name, address, telephone number, and email address;
• a statement that you believe in good faith that the use is not authorized; and
• a statement, under penalty of perjury, that the information is accurate and that you are authorized to act.

We respond to valid notices and terminate the accounts of repeat infringers in appropriate circumstances.

18Changes to these Terms

We may update these Terms. If a change is material, we will give you reasonable notice before it takes effect, by email or a notice in the app or on this site that describes the change and when it takes effect. Changes are not retroactive. If you keep using the Service after a change takes effect, you accept the updated Terms. If you do not agree, cancel your subscription and stop using the Service before the change takes effect. Changes to Section 15 will not apply to any dispute we already know about.

19General terms

Entire agreement. These Terms, together with the Privacy Policy and any terms presented at the point of purchase, are the entire agreement between you and us about the Service and replace any earlier understanding.

Severability. If any provision is found unenforceable, it will be limited to the minimum extent necessary and the rest stays in force.

No waiver. Our not enforcing a provision is not a waiver of our right to enforce it later.

Assignment. You may not assign these Terms. We may assign them to an affiliate or in connection with a merger, acquisition, or sale of assets.

Electronic communications. You consent to receive notices, agreements, and disclosures from us electronically, by email or by posting in the app or on the site, and agree that they satisfy any legal requirement that they be in writing.

Force majeure. Neither of us is liable for a failure to perform caused by events beyond reasonable control.

Export and sanctions. You may not use the Service if you are located in, or are ordinarily resident in, a country or region subject to comprehensive US sanctions, or if you are on a US government restricted-party list.

Notice to California residents. Under California Civil Code section 1789.3, California users may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

20How to reach us

One address for everything: your account, a billing question, a privacy request, a safety report, a legal notice.

team@warmth.so

A few things move faster with the right subject line, because that is how we route them: Arbitration Opt-Out (see Section 15), DMCA (see Section 17), Privacy Request, and Safety. Nothing is lost without one, but a deadline starts sooner with it.