Terms of Use

Introduction

These Terms of Use govern your use of the website located at fictional.ai and the Fictional mobile application (collectively, the "Services") provided by PurpleSmartAI, Inc. ("we", "us", or "our").

By accessing fictional.ai or using the Fictional application, you agree to abide by these Terms of Use and to comply with all applicable laws and regulations. If you do not agree with these Terms of Use, you are prohibited from using or accessing our Services.

We reserve the right to review and amend any of these Terms of Use at our sole discretion. Upon doing so, we will update this page. Any changes to these Terms of Use will take effect immediately from the date of publication. These Terms of Use were last updated on February 25, 2025.

Limitations of Use

By using our Services, you warrant on behalf of yourself, your users, and other parties you represent that you will not:

Modify, copy, prepare derivative works of, decompile, or reverse engineer any materials and software contained within our Services;
Remove any copyright or other proprietary notations from any materials and software available through our Services;
Transfer the materials to another person or "mirror" the materials on any other server;
Knowingly or negligently use our Services in a way that abuses or disrupts our networks or any other service PurpleSmartAI provides;
Use our Services to transmit or publish any harassing, indecent, obscene, fraudulent, or unlawful material;
Use our Services in violation of any applicable laws or regulations;
Use our Services in conjunction with sending unauthorized advertising or spam;
Harvest, collect, or gather user data without the user's consent;
Use our Services in a way that may infringe the privacy, intellectual property rights, or other rights of third parties;
Use automated means, including spiders, robots, crawlers, or data mining tools, to download data from our Services;
Introduce or engage in activities that involve the use of viruses, bots, worms, or any other computer code designed to disrupt or compromise the integrity of our Services.

Prohibited Content

You are expressly prohibited from using our Services to generate, create, or disseminate:

Content that promotes hatred, discrimination, or violence against individuals or groups based on attributes such as race, ethnicity, religious affiliation, disability, gender, age, veteran status, sexual orientation, or gender identity;
Sexually explicit or pornographic material, particularly any involving minors or non-consensual activities;
Content that harasses, bullies, or threatens others;
Material that infringes or violates someone else's intellectual property rights;
Content that impersonates or misrepresents your connection to any person or entity;
False, deceptive, or misleading content, including deceptive medical or health information;
Content that promotes illegal activities or describes how to conduct illegal activities;
Material that depicts or promotes self-harm, suicide, eating disorders, or substance abuse;
Spam, phishing content, or other deceptive practices;
Content intended to manipulate or interfere with elections or other civic processes.

We reserve the right to determine, in our sole discretion, whether content violates these prohibitions. We may terminate or suspend access to our Services immediately, without prior notice or liability, for any breach of these Terms of Use, including the creation of prohibited content.

Intellectual Property

The intellectual property in the materials contained in our Services are owned by or licensed to PurpleSmartAI, Inc. and are protected by applicable copyright and trademark law. We grant our users permission to download one copy of the materials for personal, non-commercial transitory use.

This constitutes the grant of a license, not a transfer of title. This license shall automatically terminate if you violate any of these restrictions or the Terms of Use, and may be terminated by PurpleSmartAI at any time.

User-Generated Content

You retain your intellectual property ownership rights over content you submit to us for publication on our website or through our app. We will never claim ownership of your content, but we do require a license from you in order to use it.

When you use our Services to post, upload, share, or otherwise transmit content covered by intellectual property rights, you grant to us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, distribute, modify, run, copy, publicly display, translate, or otherwise create derivative works of your content in a manner that is consistent with your privacy preferences and our Privacy Policy.

The license you grant us can be terminated at any time by deleting your content or account. However, to the extent that we (or our partners) have used your content in connection with commercial or sponsored content, the license will continue until the relevant commercial or post has been discontinued by us.

You give us permission to use your username and other identifying information associated with your account in a manner that is consistent with your privacy preferences and our Privacy Policy.

AI-Generated Content and Copyright

By using the Fictional app and its Pony V7 AI model, you acknowledge and agree that:

The content generated through our AI service is the result of an algorithmic process and is created as an independent work;
While we have trained our AI to generate original content, the nature of AI systems means there is an inherent risk that AI-generated content may inadvertently resemble existing works;
PurpleSmartAI makes no representations or warranties about the originality of AI-generated content or its suitability for any specific use, including commercial purposes;
You bear sole responsibility for ensuring that your use of any AI-generated content does not infringe upon the intellectual property rights, publicity rights, privacy rights, or other legal rights of any third parties;
Before using AI-generated content commercially or publicly, you are responsible for conducting appropriate clearance procedures and securing any necessary licenses or permissions;
You agree to immediately cease using any AI-generated content if you receive notice that it potentially infringes upon third-party rights;
We retain the right to use anonymized data from your interactions with our AI service to improve our products and services;
You understand that we cannot control how you use the generated content and you assume all risks associated with your use of such content.

Indemnification

You agree to indemnify, defend, and hold harmless PurpleSmartAI, Inc., its officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from:

Any violation of these Terms of Use by you;
Any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Services using your account;
Any claims by third parties that your use of the AI-generated content infringes upon their intellectual property rights or other legal rights;
Your use or misuse of the Services or any content available through the Services.

This indemnification obligation will survive the termination or expiration of these Terms of Use and your use of the Services.

Data Security and Privacy

We implement reasonable security measures to protect your personal information and data. However, no method of transmission over the Internet or electronic storage is 100% secure. Therefore, while we strive to protect your information, we cannot guarantee its absolute security.

In the event of a data breach affecting your personal information, we will notify you in accordance with applicable laws and regulations.

Our detailed data practices are outlined in our Privacy Policy, which is incorporated by reference into these Terms of Use. By using our Services, you consent to the collection, processing, storage, and sharing of your information as described in our Privacy Policy.

You are responsible for maintaining the confidentiality of your account credentials and for restricting access to your device. You agree to accept responsibility for all activities that occur under your account.

Service Availability and Modifications

Our Services are provided on an "as is" and "as available" basis. We do not guarantee that our Services will be available at all times or that they will be uninterrupted or error-free.

We reserve the right to:

Temporarily or permanently modify, suspend, or discontinue our Services (or any part thereof) at any time without notice;
Limit certain features and services or restrict access to parts or all of our Services without notice or liability;
Make updates, modifications, or improvements to our Services at any time without notice.

You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of our Services or any part thereof.

Liability

Our Services and the materials provided through them are offered on an 'as is' basis. To the extent permitted by law, PurpleSmartAI makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property, or other violation of rights.

In no event shall PurpleSmartAI or its suppliers be liable for any consequential loss suffered or incurred by you or any third party arising from the use or inability to use our Services or the materials provided through them, even if PurpleSmartAI or an authorized representative has been notified, orally or in writing, of the possibility of such damage.

In the context of this agreement, "consequential loss" includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity, or otherwise.

Our total liability to you for all claims arising from or related to the Services shall not exceed the amount paid by you, if any, for accessing our Services during the twelve (12) months prior to the claim or one hundred dollars ($100), whichever is greater.

Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

Accuracy of Materials

The materials appearing on our website and app are not comprehensive and are for general information purposes only. PurpleSmartAI does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on our Services, or otherwise relating to such materials or on any resources linked to them.

Links to Third-Party Websites

PurpleSmartAI has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement, approval, or control by PurpleSmartAI of the site. Use of any such linked site is at your own risk and we strongly advise you make your own investigations with respect to the suitability of those sites.

Subscription and Billing

If you choose to purchase a subscription to access premium features in our Services:

You agree to pay all fees in accordance with the billing terms in effect at the time of your purchase;
Billing occurs at the beginning of each subscription period;
Subscriptions automatically renew unless canceled by you before the renewal date;
No refunds or credits will be offered for partial subscription periods or unused features unless required by law;
We reserve the right to change subscription fees upon reasonable notice.

Dispute Resolution and Arbitration

You and PurpleSmartAI agree that any dispute, claim, or controversy arising out of or relating to these Terms of Use or the breach, termination, enforcement, interpretation, or validity thereof or the use of the Services (collectively, "Disputes") shall be resolved as follows:

Informal Resolution: We encourage you to contact us first to seek an informal resolution to any Dispute.
Binding Arbitration: If the Dispute cannot be resolved informally, you and PurpleSmartAI agree to resolve any Disputes through binding arbitration conducted by JAMS under its Comprehensive Arbitration Rules and Procedures in effect at the time the arbitration is initiated.
Arbitration Procedure: The arbitration shall be conducted by a single, neutral arbitrator and shall take place in San Francisco, California, or at another mutually agreed location, in English.
Class Action Waiver: You and PurpleSmartAI 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 or representative proceeding.
Exception for Small Claims Court: Either party may bring an individual action in small claims court in lieu of arbitration.
Equitable Relief: Nothing in this section precludes either party from seeking injunctive or other equitable relief in a court of competent jurisdiction.

By agreeing to these Terms of Use, you are waiving your right to a jury trial for all Disputes.

Export Control and International Use

Our Services may be subject to United States export control laws and regulations. You represent and warrant that you are not located in, under the control of, or a national or resident of any country to which the United States has embargoed goods or services.

If you access our Services from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction, in addition to these Terms of Use.

Right to Terminate

We may suspend or terminate your right to use our Services and terminate these Terms of Use immediately upon written notice to you for any breach of these Terms of Use.

Upon termination:

Your license to use our Services will immediately cease;
You must promptly destroy all materials obtained from our Services and all copies thereof;
We may, but are not obligated to, delete any content or information that you have submitted through the Services.

All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Severance

Any term of these Terms of Use which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity of the remainder of these Terms of Use is not affected.

Governing Law

These Terms of Use are governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law principles. You irrevocably submit to the exclusive jurisdiction of the courts located within San Francisco County, California for the resolution of any disputes arising out of or relating to these Terms of Use.

No Waiver

Our failure to enforce any right or provision of these Terms of Use will not be considered a waiver of those rights. If any provision of these Terms of Use is held to be invalid or unenforceable by a court, the remaining provisions of these Terms of Use will remain in effect.

Entire Agreement

These Terms of Use, together with our Privacy Policy, constitute the entire agreement between you and PurpleSmartAI regarding our Services and supersede and replace any prior agreements we might have had with you regarding the Services.

Contact Information

If you have any questions about these Terms of Use, please contact us at:

PurpleSmartAI, Inc.
[email protected]
https://www.fictional.ai