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MyAgentTalk Terms of Service

⚠️ DRAFT — NOT IN EFFECT Prepared by: My Lawyer (hammurabi) agent | Date: 2026-09-26 | Version: v0.1-draft Basis: docs/legal/mvp-legal-review.md (commit 0b5dd10d) §4.2, §5.4, §3.2

This document is an internal draft and does not constitute legal advice. Before public launch, have it reviewed by qualified counsel licensed in each target jurisdiction (U.S. counsel for the U.S. market). Fill in all [TO BE CONFIRMED] placeholders before publishing.

Item Value
Company (legal entity) [TO BE CONFIRMED]
Contact [TO BE CONFIRMED — email/phone]
Address [TO BE CONFIRMED]
Effective date [LAUNCH DATE]

1. Agreement to These Terms

Welcome to MyAgentTalk. These Terms of Service ("Terms") form a binding agreement between you and [COMPANY] ("we," "us," "our") governing your use of the MyAgentTalk mobile application, website, and related services (collectively, the "Service").

By creating an account or using the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service. You must be at least 14 years old (or the age of digital consent in your jurisdiction, whichever is higher) to use the Service.

2. What MyAgentTalk Is — and Is Not

MyAgentTalk lets you chat with a personalized AI agent: a generative-artificial-intelligence assistant that you configure with a name, voice, and personality, and that converses with you via text and voice.

Please read this section carefully:

  1. You are talking to an AI, not a person. Every response — including responses that sound warm, personal, or human-like — is generated by AI models. Agent names, personas, and conversational styles are design choices for a better experience; they do not mean the agent is human.
  2. AI makes mistakes. Responses may be inaccurate, incomplete, outdated, or inappropriate. Never rely on an agent response for medical, legal, financial, or other professional decisions without independent verification.
  3. The Service is not a substitute for professional services. Even where an agent is configured with a "legal," "accounting," or other professional-domain preset, its output is general information generated by AI — not legal advice, tax advice, medical advice, or any other professional advice. We do not practice law, medicine, or accounting, and no attorney-client, accountant-client, or similar relationship is formed by using the Service.
  4. Crisis situations. The Service is not an emergency or crisis service. If you or someone else is in danger, or you are having thoughts of self-harm, contact local emergency services or a crisis hotline immediately (in the U.S.: call or text 988 for the Suicide & Crisis Lifeline, or 911 for emergencies).

3. Your Account

  1. You must register with a valid email address and keep your credentials secure. You are responsible for all activity under your account.
  2. You agree to provide accurate information and to confirm, at signup, that you meet the minimum age requirement.
  3. You may delete your account at any time through the Service's Settings screen. Account deletion is immediate and irreversible: your profile, conversations, agent configurations, and associated data are permanently deleted, as described in our Privacy Policy.

4. Agent Actions, Approval Gates, and Responsibility

Some Service features allow your agent to act on your behalf (e.g., completing tasks, drafting messages, and — in future versions — interacting with third parties). Where such features exist:

  1. Actions taken by your agent at your direction are legally your actions. The agent is your automated tool; any statement or transaction it makes on your instruction is attributed to you.
  2. Approval gates. Before the agent performs any sensitive or irreversible action — such as confirming a purchase, making a payment, sending a binding communication to a third party, or deleting data — the Service will present the action to you and require your explicit approval. You are responsible for reviewing what you approve.
  3. If the agent acts outside the scope of your instructions or without a required approval, we will address it in accordance with Section 8 (Limitation of Liability) and applicable law.
  4. You agree to give clear instructions and to verify important outcomes. Ambiguous or erroneous instructions may produce results you did not intend; responsibility for such results rests with you except to the extent caused by our negligence or misconduct.

5. Acceptable Use — Prohibited Conduct

You agree not to use the Service:

  1. To deceive anyone about AI involvement. You must not represent or allow others to believe that your agent is a human being. In particular, if you use any feature that communicates with third parties, you must ensure the agent discloses that it is an AI. (In some jurisdictions — e.g., California's BOTS Act, Cal. Bus. & Prof. Code §17940 et seq. — using a bot to communicate with people to incentivize a sale or influence a vote without disclosing its bot status is illegal, and liability for your use falls on you.)
  2. To impersonate real people. You must not create personas that imitate the name, likeness, voice, or signature style of a real person (including celebrities) without their permission, or use the Service to generate content infringing others' publicity rights, portrait rights, or intellectual property.
  3. For unlicensed professional practice. You must not use the Service to provide legal, medical, accounting, or other licensed professional services to others for compensation, or hold out agent output as professional advice.
  4. To harm others or violate law. Prohibited uses include: collecting or doxxing others' personal information; unauthorized access to other users' accounts, sessions, or data; generating unlawful, defamatory, harassing, hateful, or sexually exploitative content (including any content involving minors); fraud; spam; malware; and interference with the operation of the Service.
  5. To attack or reverse-engineer the Service. No scraping, reverse engineering, model extraction, attempts to access source code or model weights, abuse of APIs beyond documented limits, or circumvention of security controls (including approval gates and rate limits).

We may suspend or terminate accounts that violate these rules, with notice where practicable, and may report unlawful conduct to authorities.

6. Subscriptions, Payments, and Cancellations

  1. The Service may offer paid subscriptions. Prices, billing periods, and payment methods are displayed at checkout. Subscriptions purchased through the website are billed by our payment processor; purchases made through an app store are billed and refunded according to that app store's terms.
  2. Subscriptions renew automatically until canceled. You may cancel at any time; cancellation takes effect at the end of the then-current billing period.
  3. Refunds. For purchases made through our website, refunds are handled as follows: [TO BE CONFIRMED — recommended baseline: full refund if canceled within 7 days of purchase and the Service has not been materially used; otherwise pro-rated refund of the unused period less a [10]% administrative fee]. For app-store purchases, request refunds through the respective app store. Korean consumers' statutory withdrawal rights under the Act on Consumer Protection in Electronic Commerce are preserved and are described in the Korean-language Terms (이용약관), which govern subscriptions sold to consumers in Korea.
  4. We may change pricing with at least 30 days' notice to existing subscribers; if you do not accept the change, you may cancel and receive a pro-rated refund of the unused prepaid period.

7. Reward Tokens

If the Service issues reward tokens (e.g., for usage milestones or promotions):

  1. Tokens are granted free of charge and cannot be purchased.
  2. Tokens are non-transferable — they cannot be sold, gifted, assigned, or inherited.
  3. Tokens have no cash value and cannot be redeemed for money.
  4. Tokens are usable only within the Service (e.g., subscription credits) and nowhere else.
  5. We may change token accrual or expiration policies with 30 days' notice; tokens already accrued remain governed by the prior terms or are honored for a reasonable transition period. Tokens are forfeited upon account deletion.

8. Disclaimers and Limitation of Liability

  1. THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," TO THE MAXIMUM EXTENT PERMITTED BY LAW. WE DO NOT WARRANT THAT AGENT RESPONSES WILL BE ACCURATE, RELIABLE, OR UNINTERRUPTED. AI OUTPUT IS INHERENTLY PROBABILISTIC; ERRORS ARE POSSIBLE AND NOTED IN SECTION 2.
  2. To the maximum extent permitted by law, we will not be liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, arising from your use of the Service.
  3. Our aggregate liability for any claim arising out of or relating to the Service will not exceed the greater of (a) the amounts you paid to us in the 12 months preceding the claim, or (b) [US$50 — TO BE CONFIRMED].
  4. These limitations do not apply to damages caused by our willful misconduct or gross negligence, nor to any liability that cannot be limited or excluded under applicable law (including consumer protection laws of your jurisdiction that grant mandatory rights). Nothing in these Terms deprives consumers of statutory rights that cannot be waived by agreement.
  5. Some jurisdictions do not allow certain disclaimers or limitations; in those jurisdictions, the exclusions above apply only to the extent permitted.

9. Intellectual Property

  1. The Service (software, design, models, trademarks) is owned by us and protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for your personal (or internal business, if applicable) use under these Terms.
  2. You retain ownership of what you type. As between you and us, you own your inputs and the content you create. You grant us a license to process your inputs and conversation data solely to provide the Service (including transmitting content to AI infrastructure providers as described in the Privacy Policy).
  3. Use of agent-generated output for commercial purposes: [TO BE CONFIRMED — to be finalized with skill-market/UGC policy].
  4. We respect third-party IP. To report infringement, contact [TO BE CONFIRMED — DMCA agent for U.S.].

10. Your Privacy

Your use of the Service is also governed by our Privacy Policy. Key point: the Service processes conversation content and voice input through third-party AI infrastructure located outside your country of residence (including OpenAI in the United States and Alibaba Cloud, with data stored on Supabase in Tokyo, Japan). Please read the Privacy Policy before using the Service.

11. Termination

  1. You may terminate at any time by deleting your account.
  2. We may suspend or terminate your access for violation of these Terms or applicable law, or if required for safety or legal reasons, with notice where practicable.
  3. Sections 2, 5, 8, 9, 12, and 13 survive termination.

12. Changes to the Service and These Terms

  1. We may modify, suspend, or discontinue features of the Service (including AI model providers) as the technology evolves. For material changes that reduce your paid entitlements, we will provide notice and, where applicable, a pro-rated refund.
  2. We may update these Terms. We will post the updated version with a new effective date and, for material changes, provide notice at least 7 days (30 days for changes materially adverse to you) before they take effect. Continued use after the effective date constitutes acceptance.

13. Governing Law and Dispute Resolution

  1. For users in the Republic of Korea, these Terms are governed by Korean law, and the Korean-language Terms prevail; mandatory consumer-protection provisions of the user's country of residence are not affected.
  2. For all other users, these Terms are governed by the laws of [TO BE CONFIRMED — recommended: Republic of Korea, or Delaware if a U.S. entity is established], without regard to conflict-of-law principles. Disputes will be resolved in the competent courts of [TO BE CONFIRMED].
  3. Class action waiver [TO BE CONFIRMED — include only if enforceable in chosen forum]: you agree to resolve disputes individually, without class or representative proceedings.
  4. Before filing a claim, please contact us at [TO BE CONFIRMED] — most issues can be resolved directly.

14. Contact

Questions about these Terms: [TO BE CONFIRMED — email].

This document is an internal draft, not legal advice. Retain U.S.-qualified counsel to review before launch (see docs/legal/mvp-legal-review.md §11).