Terms of Service

1.1 The parties

This agreement is between you (the "User," "you") and luqas.ai, trading as "Luqas." "Luqas" is a trading name; the contracting party is luqas.ai.

1.2 Definitions

• "AI Companion" means a conversational voice and text model configured by or for you to reflect the identity, speech patterns and recorded memories of a Subject.
• "Subject" means the natural person whose voice, likeness, memories or personality an AI Companion is intended to reflect.
• "Source Material" means audio, video, images, messages, documents and other content you upload for the purpose of creating or refining an AI Companion.
• "Voice Model" means the trained artefact — including embeddings, voiceprints, adapters and weights — derived from Source Material and used to synthesise speech.
• "Output" means text, audio or other content generated by an AI Companion.
• "Estate Representative" means the executor, administrator, personal representative, or other person with documented legal authority over a deceased Subject's estate or likeness rights.

2.1 You must be 18 or older

You must be at least 18 years of age, and at least the age of majority in your jurisdiction, to create an account or use the Services. By registering you represent and warrant that you meet this requirement.

2.2 Age assurance

We use age assurance measures, which may include age estimation and, where signals are inconclusive, verification through a third-party identity provider. We may suspend access to some or all features pending a successful age assurance result. Self-declared date of birth alone is not sufficient and is not relied upon as our sole control.

2.3 Subjects must also be adults. No exceptions.

LUQAS DOES NOT CREATE, AND WILL NOT PERMIT THE CREATION OF, A VOICE MODEL OR AI COMPANION OF ANY PERSON WHO WAS UNDER 18 YEARS OF AGE AT THE TIME OF DEATH, OR WHO IS CURRENTLY UNDER 18 YEARS OF AGE.

THIS PROHIBITION IS ABSOLUTE. IT APPLIES EVEN WHERE A PARENT, LEGAL GUARDIAN OR ESTATE REPRESENTATIVE PROVIDES DOCUMENTATION, CONSENT OR AUTHORISATION. NO CONSENT OF ANY KIND WILL BE ACCEPTED AS A BASIS FOR CREATING A VOICE MODEL OF A MINOR.

WE UNDERSTAND THAT THIS RESTRICTION WILL BE PAINFUL FOR SOME BEREAVED FAMILIES, AND WE DO NOT IMPOSE IT LIGHTLY. WE IMPOSE IT BECAUSE THE RISKS OF SYNTHETIC RECREATION OF A CHILD — TO THE FAMILY, TO OTHER SURVIVING CHILDREN, AND TO THE CHILD'S DIGNITY — ARE ONES WE ARE NOT WILLING TO TAKE.

2.4 Enforcement

If we discover that an account has been created by a person under 18, or that Source Material relating to a minor Subject has been uploaded, we will delete the account, all associated Source Material, and any derived Voice Model, and we will notify you at your registered email address.

2.5 Signing up with Google or Apple

You may create and access your account using "Sign in with Google" or "Sign in with Apple." Where you do, we receive certain profile information from that provider (such as your name and email address) as described in our Privacy Policy. You remain responsible for maintaining the security of the third-party account you use to sign in, and your use of Google's or Apple's sign-in service is separately subject to their own terms.

3.1 What the Services do

Luqas is a memory and legacy preservation service. It allows you to preserve recordings, stories and memories of a person, and to interact with that preserved material through an AI-generated conversational interface that speaks using a synthesised voice.

3.2 Not a medical, therapeutic or crisis service

LUQAS IS A SELF-GUIDED REMEMBRANCE AND REFLECTION PRODUCT. IT IS NOT A MEDICAL DEVICE. IT DOES NOT DIAGNOSE, TREAT, CURE, MITIGATE OR PREVENT ANY DISEASE OR CONDITION, INCLUDING GRIEF, PROLONGED GRIEF DISORDER, DEPRESSION, ANXIETY OR TRAUMA.

LUQAS IS NOT A LICENSED HEALTHCARE PROVIDER, PSYCHOLOGIST, COUNSELLOR, THERAPY SERVICE OR EMERGENCY HELPLINE. NO AI COMPANION IS A LICENSED PROFESSIONAL OF ANY KIND, AND NO AI COMPANION WILL EVER CLAIM TO HOLD A PROFESSIONAL LICENCE OR CREDENTIAL. NOTHING IN THE SERVICES CONSTITUTES MEDICAL, PSYCHOLOGICAL, LEGAL OR FINANCIAL ADVICE.

IF YOU ARE EXPERIENCING PSYCHOLOGICAL DISTRESS OR A MENTAL HEALTH CONDITION, PLEASE CONSULT A LICENSED MENTAL HEALTH PROFESSIONAL. SEE SECTION 5 IF YOU ARE IN CRISIS.

3.3 No clinical claims

We make no claim that use of the Services improves, resolves, shortens or assists any grief process or mental health outcome. There is no controlled clinical evidence establishing benefit or harm from products of this kind, and we will not represent otherwise.

We want you to make this decision with your eyes open, before you pay us anything. Please read this section carefully.

4.1 The AI Companion is not the person. It generates words they never said.

An AI Companion produces new, synthetic speech. It will say things the Subject never said, express views the Subject never held, recall events that never happened, and offer reassurance, apology, opinion or blame that did not come from the Subject. Outputs are generated by software and are not the words, views, wishes, instructions or memory of the Subject. They must not be relied upon as evidence of anything the Subject actually said, believed or intended, and must not be used in any legal, medical, financial, testamentary or family decision.

4.2 Known risks

Research on interactive recreations of deceased people is limited and inconclusive. Reported risks include:

• Sustained avoidance. Continued interaction may make it harder to accept a death, and may prolong yearning and distress rather than easing it.
• Dependency. Some people use products of this kind heavily and find reducing use difficult and painful.
• Distress on ending use. Stopping after extended use has been reported to cause significant distress, sometimes described as a second bereavement.
• Family conflict. Relatives frequently disagree about whether a recreation should exist at all. That disagreement can be severe and lasting.
• Distress from inaccurate output. Hearing a familiar voice say something wrong, out of character, or hurtful can be deeply upsetting.

4.3 The Services may not be suitable for you

The Services may not be suitable for you if any of the following applies. We are not able to assess this for you, and we ask you to consider it honestly, ideally with someone you trust:

• You have been diagnosed with, or believe you may have, prolonged grief disorder or complicated grief.
• You are within the immediate period following a death and have not yet had support from family, community or a professional.
• You are experiencing suicidal thoughts, self-harm, or an acute mental health crisis.
• A mental health professional supporting you has advised against it.
• Other people close to the Subject object to a recreation being made.

4.4 Use intensity

We monitor overall usage intensity for safety purposes only. If your usage indicates a pattern associated with dependency, we may show you information about bereavement support and options for reducing or pausing use. We will not abruptly cut off access as a result of this monitoring, and we do not use this monitoring to increase your engagement.

4.5 Design commitments

We commit that the Services will not: send you unsolicited messages or notifications written in the voice or persona of a Subject; use streaks, rewards, or similar mechanics to increase your usage; or optimise for the length or frequency of your sessions.

5.1 What we do

Our AI Companions are prompted to respond to expressions of self-harm or suicidal ideation with care, staying in character while pointing you toward crisis resources such as 988 (US). This is a conversational safeguard, not an automated safety system or a substitute for professional help — see section 5.3 if you are in danger.

5.2 Luqas is not an emergency service

LUQAS IS NOT AN EMERGENCY SERVICE. If you are in immediate danger, feeling suicidal, or experiencing a mental health crisis, contact emergency services or a crisis line now:

• United States & Canada: call or text 988 (Suicide & Crisis Lifeline), or call 911
• United Kingdom: call 111, or 999 in an emergency; Samaritans 116 123
• European Union: call 112
• Elsewhere: check your local crisis service

5.3 Limits of automated detection

Automated detection is imperfect. It will miss some expressions of distress and will sometimes interrupt when it should not. It is a safety measure, not a substitute for human care, and you should not rely on it.

6.1 You are always told it is AI

The AI Companion's voice is synthetic and generated by our text-to-speech system — it does not sound like or attempt to pass as a real human recording, and is identifiable as AI.

6.2 Marking of generated content

We do not currently apply machine-readable provenance watermarking to generated audio. The synthetic nature of Output is instead made clear through the disclosures in section 6.1.

6.3 No removal of markings

You may not remove, obscure, alter or defeat any provenance marking, watermark or AI disclosure applied to Output.

7.1 Who may create a Voice Model

A Voice Model may be created by any user who completes the Voice Consent screen at the point of upload.

7.2 The Voice Consent attestation

Before training begins, the user must check three boxes on the in-app Voice Consent screen:

• (a) Collection consent and retention. "I consent to Luqas collecting, processing, and storing this voice recording to create an AI voice clone. I acknowledge that my biometric data will be retained until I delete my account, as outlined in our Privacy Policy."
• (b) Ownership, right to use, and third-party status. "I confirm that I own this voice and I have the right to use these recordings and permission to make an AI clone of it. They are not a public figure and/or someone who has not consented."
• (c) Age confirmation. "I confirm that the voice being cloned does not belong to a minor (a person under 18 years of age)."

Checking all three and tapping Continue is the entirety of the consent record. We store a timestamp and the checkbox state at the moment of attestation.

7.3 Retention and deletion

Voice recordings and derived voiceprints are retained until the user deletes their account, at which point they are destroyed, consistent with the Biometric Data Retention and Destruction Schedule in the Privacy Policy. The user may also delete a specific voice and its underlying recording from the Companion's profile at any time without deleting the account. A Voice Model that goes unused for 18 consecutive months is also automatically deleted, with advance email notice, as described in Section 8.6.

7.4 Nature of the attestation

Where the Subject is a person other than the user, the Subject does not independently execute any part of this attestation and has no interaction with Luqas. Checkbox (b) is completed solely by the user, on the user's own representation. Luqas does not verify this representation and has no mechanism to contact the Subject before training begins.

7.5 False attestation

Checking any box inaccurately — including as to ownership, permission, public-figure status, or age — is a material breach. Luqas may suspend or terminate the account, destroy the Voice Model, and seek indemnification under section 17.

7.6 Written release for biometric data

Uploading Source Material for a Voice Model is a written release authorising Luqas and its named service providers to collect, capture, store and use the recording and voiceprint for the purpose of creating and operating the AI Companion, for purposes of the Illinois Biometric Information Privacy Act, the Texas Capture or Use of Biometric Identifier Act, and comparable law. You may withdraw it at any time; withdrawal results in destruction of the Voice Model, consistent with Section 7.3.

7.7 Third parties in Source Material

Recordings of a person almost always contain other people — the other side of a voicemail, others in a video. You represent that you have a lawful basis to share Source Material containing identifiable third parties, and you agree not to upload material where you know a living identifiable third party would object. We minimise third-party content where technically feasible, and any identifiable third party may object under Section 8.

7.8 Multiple family members creating separate AI Companions of the same Subject

Luqas does not share, link or pool data between accounts. Every AI Companion, Voice Model and set of authorisation records exists solely within, and belongs solely to, the single account that created it. More than one person may independently create their own AI Companion of the same Subject. Where this occurs: (a) each person must independently complete Section 7.2 in full — we do not treat one person's attestation as evidence for another's; (b) one account holder's deletion of their own AI Companion or account has no effect on any other person's independently-created AI Companion of the same Subject; (c) a dispute among family members about whether an AI Companion should exist is handled under Section 8.4, on a companion-by-companion basis.

8.1 Estate and Likeness Takedown Channel

Any Estate Representative, next of kin, heir, or living third party appearing in Source Material may object to an AI Companion by contacting our designated agent at likeness@luqas.ai. This channel is separate from the copyright process in Section 11.

8.2 What we do

We aim to acknowledge objections promptly and resolve them as quickly as reasonably possible; we do not currently guarantee fixed acknowledgment or resolution timeframes.

8.3 Involuntary retirement

You acknowledge that we may be legally required to suspend or permanently retire an AI Companion at the demand of a person who is not you and who never agreed to these Terms. This includes, without limitation, demands made under Article 2-terdecies of the Italian Personal Data Protection Code, Article 3 of Spanish Organic Law 3/2018, Article 85 of the French Data Protection Act, and comparable provisions elsewhere. If this occurs we will refund any prepaid subscription fees for the unused period, and you will retain permanent access to your uploaded Source Material under Section 13.

8.4 Family disputes

Where relatives dispute whether an AI Companion should exist, we will suspend the AI Companion pending agreement among the disputing parties or a determination by a court or competent authority, and we may request supporting information from any party under Section 7.2 in connection with the dispute. We do not resolve family disputes and we do not adopt a first-uploader-wins rule.

8.5 Voluntary retirement

You may retire any AI Companion at any time. Retirement destroys the Voice Model and stops all conversation. It does not delete your uploaded Source Material, which remains available to you under Section 13 unless you separately ask us to delete it. As explained in Section 7.8, your account's data is never linked to any other account's, so your retirement affects only your own AI Companion.

8.6 Inactive and unused voice data

If a Voice Model has gone unused for 18 consecutive months — meaning the AI Companion built on it has not been used in a conversation in that time — we will automatically and permanently delete that Voice Model. We will notify you by email in advance of automatic deletion, and you may resume use of the AI Companion, or export the underlying Source Material, at any time before then to prevent it. This deletion applies only to the Voice Model itself; Section 13's permanent, unlimited-term retention of your Source Material is unaffected, and you may re-create a Voice Model from that Source Material at any time. This Section does not apply to an account under review under Section 19.3 while a conflict of legal obligations remains unresolved.

You must not use the Services to:

• create a Voice Model of any minor, any public figure, or any person who has not given the permission described in Section 7.2;
• create deepfakes, deceptive impersonations, or synthetic media used for fraud, financial scams, extortion, defamation, election interference or misinformation;
• represent Output as the genuine recorded speech, statement, testimony or instruction of any real person;
• use Output in any legal, testamentary, insurance, medical or financial proceeding as evidence of a Subject's intent;
• harass, stalk, defame, bully or intimidate any person, including by directing an AI Companion at a third party;
• generate content that is obscene, sexually explicit, hateful, or which promotes self-harm, suicide or violence;
• publicly deploy, broadcast or distribute an AI Companion of a real person, including on social media;
• remove or defeat any AI disclosure, watermark or provenance marking;
• reverse-engineer, decompile, scrape or extract source code, model weights or voice features from the Services or our providers; or
• use Output to train competing AI models, or to develop or evaluate synthetic-media detection systems, without our prior written consent.

10.1 Your content

You retain ownership of Source Material. You grant Luqas a non-exclusive, worldwide, royalty-free, revocable licence to host, process, reproduce and transmit Source Material solely to operate the Services for your account. This licence terminates when you delete the content or your account, subject only to backup rotation described in our Privacy Policy. It is not sublicensable except to the service providers listed in our Privacy Policy, acting on our instructions.

10.2 Voice Models and Output are private to your account

As between you and Luqas, you own Output generated for your private account. Your licence to use it is personal, non-transferable, non-commercial, and for your own private use within the Services. Luqas does not offer a public marketplace, shared gallery, discovery feed, or any feature to make a Voice Model, AI Companion or Output visible, searchable or accessible to any other Luqas user or to the public. You may not sell, publish, broadcast or publicly distribute a Voice Model or Output.

10.3 We do not train models on your content

We do not use your Source Material, Voice Models, conversation content, transcripts or Output to train, fine-tune, adapt or evaluate any artificial intelligence model — whether our own, a third party's, a foundation model, a classifier or any other model. This commitment is unqualified and applies globally, without an opt-out being required. Our service providers are contractually prohibited from doing so. Aggregate, non-content operational metrics (such as error rates and latency) may be used to operate and improve the Services.

10.4 Our property

All software, interfaces, processes, trademarks and system architecture are the exclusive property of Luqas and its licensors.

10.5 Feedback

If you send us suggestions, we may use them without obligation or compensation. Feedback should not contain confidential or personal information.

Send DMCA notices to our Designated Agent: Attn: DMCA Designated Agent, legal@luqas.ai. Your notice must include (1) a physical or electronic signature; (2) identification of the copyrighted work; (3) identification and location of the material; (4) your contact information; (5) a good-faith belief statement; and (6) a statement, under penalty of perjury, that the information is accurate and you are authorised to act. Counter-notices may be sent to the same agent. We terminate repeat infringers.

Note: this process concerns copyright and trademark only. Objections concerning a person's voice, likeness or personality rights are handled under Section 8.

12.1 Charges

Fees, billing periods and any one-time set-up charges are as disclosed at the point of purchase. Once subscriptions launch, fees will be processed through Apple, Google, or another processor we name at that time; we do not store full card numbers.

12.2 Cancellation

You may cancel at any time through your app store account or your Luqas account settings. Cancellation takes effect at the end of the current billing period.

12.3 Refunds

Except where Section 8.3 applies, or where required by mandatory consumer protection law, subscription fees are non-refundable once a billing period has begun. App store purchases are additionally subject to the platform's refund policy.

12.4 EEA and UK consumers

You have a statutory right to withdraw from a distance contract within 14 days without giving a reason. Where you ask us to begin supplying digital content immediately, you may be asked to acknowledge that you will lose that right once supply begins; if you do not, supply will start after the 14-day period. Nothing in these Terms limits your statutory rights.

These commitments are contractual promises, not policy statements. They survive termination of these Terms and any change of control of Luqas.

13.1 Your memories are never held hostage

No paywall, subscription lapse, payment failure, account suspension, price change or business decision will ever prevent you from accessing, playing or exporting Source Material you have uploaded. If your subscription lapses, live conversation with an AI Companion stops. Your recordings, photographs, transcripts and written memories remain accessible to you.

13.2 Perpetual free export

You may export all Source Material and conversation transcripts at any time, at no charge, in open, non-proprietary formats (audio as WAV or FLAC, images as JPEG or PNG, text as plain text or JSON). Export is self-serve and does not require contacting support. To keep this sustainable, self-serve export requests are limited to once a month, and no more than five in any twelve-month period; if you need an additional export beyond that, contact privacy@luqas.ai and we will provide one.

13.3 Wind-down

If we cease operating the Services, we will: (a) give at least 90 days' advance notice by email and in-app; (b) keep export available for the whole of that period and for at least 90 days afterwards; (c) not charge for export at any point; and (d) securely destroy all remaining Source Material and Voice Models at the end of that period.

13.4 Change of control

If Luqas is acquired, merges, or its assets are transferred, your data — including Voice Models and biometric data — may be transferred to the acquiring or surviving entity as part of that transaction, as described in our Privacy Policy. The acquirer must assume Sections 10.3, 13.1, 13.2 and 13.3 unchanged. Any acquirer that will not do so must first notify you and give you at least 60 days to export and require deletion of your data, at no charge, before any transfer of that data occurs. This is distinct from a standalone sale of Voice Models or biometric data as an asset outside the context of a full business transaction, which will not occur without your affirmative opt-in consent.

14.1 On your death

Your account, Source Material, AI Companions and Voice Models are personal to you and are not transferable. We do not transfer control of an account or an AI Companion to any other person.

14.2 Requests by others

Where a person provides evidence of your death and of their authority over your estate, we will delete your account and all associated data, including your AI Companions and Voice Models. Requests are made in writing to privacy@luqas.ai. We may decline a request where the evidence provided is incomplete, inconsistent or contested.

14.3 Conversations are private

Conversation transcripts between you and an AI Companion are treated as private correspondence. They are not disclosed to your estate or family except where we are legally compelled.

14.4 Where no request is made

Your account, and everything in it, remains subject to our standard retention policy described in our Privacy Policy — it is not automatically deleted on account inactivity alone. See Section 8.6 for the inactivity-based deletion process that applies specifically to an unused Voice Model.

15.1 By you

You may delete your account at any time. When you do, your account and the data associated with it are permanently removed, other than records we are required by law to retain. Deletion cannot be undone.

15.2 By us

We may suspend or terminate access where you materially breach these Terms, where authorisation for a Subject is contested or withdrawn, where required by law or a competent authority, or where continued provision poses a serious safety risk. Except where immediate action is legally required or necessary to prevent harm, we will give notice and a reasonable opportunity to respond.

15.3 Effect

Where we suspend or terminate your access under Section 15.2, Voice Models are destroyed and Section 13 continues to apply to your Source Material, which remains accessible to you as described there. This is different from deleting your own account under Section 15.1, which removes your Source Material too, other than records we are required by law to retain. Sections 10.3, 13, 16, 17, 18, 19 and 21 survive termination.

16.1 "As is"

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT OUTPUT WILL BE ACCURATE, CONSISTENT, IN CHARACTER, OR REPRESENTATIVE OF ANY SUBJECT.

16.2 Indirect damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND SUBJECT TO SECTION 16.4, LUQAS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS OR LOST DATA.

16.3 Cap

SUBJECT TO SECTION 16.4, LUQAS'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATING TO THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES PAID BY YOU TO LUQAS IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED US DOLLARS ($100).

16.4 What we do not disclaim

NOTHING IN THESE TERMS EXCLUDES OR LIMITS OUR LIABILITY FOR: (a) DEATH OR PERSONAL INJURY, INCLUDING PSYCHOLOGICAL INJURY, CAUSED BY OUR NEGLIGENCE; (b) FRAUD OR FRAUDULENT MISREPRESENTATION; (c) GROSS NEGLIGENCE OR WILFUL MISCONDUCT; (d) ANY LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED, INCLUDING UNDER CALIFORNIA CIVIL CODE § 1668; (e) STATUTORY CLAIMS FOR WHICH A STATUTE PROVIDES ITS OWN REMEDY OR MINIMUM DAMAGES, INCLUDING THE ILLINOIS BIOMETRIC INFORMATION PRIVACY ACT, THE WASHINGTON MY HEALTH MY DATA ACT, CALIFORNIA SENATE BILL 243, AND COMPARABLE LAWS; OR (f) OUR OBLIGATIONS UNDER SECTION 13 (DATA CONTINUITY, EXPORT AND WIND-DOWN).

WE DO NOT ASK YOU TO WAIVE ANY CLAIM ARISING FROM PSYCHOLOGICAL HARM CAUSED BY OUR NEGLIGENCE, AND ANY SUCH WAIVER WOULD BE VOID. SOME JURISDICTIONS DO NOT ALLOW CERTAIN EXCLUSIONS; IN THOSE JURISDICTIONS OUR LIABILITY IS LIMITED TO THE MINIMUM EXTENT PERMITTED.

17.1 Indemnification by you

You agree to defend, indemnify, and hold harmless Luqas, its officers, directors, employees, contractors, and service providers (collectively, the "Luqas Parties") from and against any and all claims, demands, suits, actions, proceedings, investigations, losses, liabilities, damages, judgments, settlements, fines, penalties, costs, and expenses (including reasonable attorneys' fees and costs of investigation, whether or not litigation is commenced) arising out of or relating to:

• (a) any attestation, representation, or warranty you make under Section 7 that is false, inaccurate, or misleading, including but not limited to attestations regarding your identity, your ownership of or permission to use the voice you enrolled, or your authority as Estate Representative or documented authorisation from one, where applicable;
• (b) your creation, use, or authorisation of any Voice Model or AI Companion in violation of these Terms, including any violation of the representations made in Section 7.2;
• (c) any claim brought by a Subject, a Subject's estate, a Subject's heirs or family members, or any other third party arising from the creation or existence of a Voice Model or AI Companion you caused to be created, including claims for violation of publicity rights, personality rights, moral rights, privacy rights, biometric privacy laws, or testamentary instructions;
• (d) your violation of any applicable law in connection with your use of the Service, including but not limited to publicity, personality, moral, privacy, and biometric privacy laws; or
• (e) any Source Material you upload, including third-party content described in Section 7.7.

17.2 Defence and cooperation

Luqas retains the right, at your expense, to assume exclusive defence and control of any matter subject to indemnification under this Section, in which case you agree to cooperate with Luqas's defence of such claim. You may not settle any claim covered by this Section on Luqas's behalf without Luqas's prior written consent. Luqas will provide you with notice of any such claim of which it becomes aware, though a delay in notice does not relieve you of your obligations under this Section except to the extent you are materially prejudiced by the delay.

17.3 Costs advanced

Where a claim, investigation, or regulatory inquiry described in Section 17.1 is brought against Luqas, Luqas may require you to advance reasonable costs of defence as they are incurred, rather than waiting until final resolution of the matter, and you agree to do so within 30 days of a written request. This obligation applies regardless of the eventual outcome of the underlying claim.

17.4 Survival

This Section 17 survives termination of your account, deletion of any Voice Model or AI Companion, and termination of these Terms, and applies to conduct that occurred at any time you held an account, regardless of when a claim is later asserted.

17.5 Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE LUQAS PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, ARISING FROM YOUR USE OF THE SERVICE, INCLUDING FROM ANY VOICE MODEL OR AI COMPANION YOU CREATE OR INTERACT WITH.

IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE LUQAS PARTIES ARISING OUT OF OR RELATING TO THESE TERMS EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID LUQAS IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

THIS LIMITATION DOES NOT APPLY TO YOUR INDEMNIFICATION OBLIGATIONS UNDER SECTION 17.1, WHICH ARE UNCAPPED.

This Section 17.5 restates, and does not narrow, the limitation of liability set out in Section 16 — Section 16.4's carve-outs continue to apply in full to both Sections 16 and 17. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

18.1 Informal resolution first

Before formal proceedings, contact us at disputes@luqas.ai with a description of the dispute. Both parties will negotiate in good faith for 45 days. This period tolls any applicable limitation period.

18.2 Binding individual arbitration

Subject to Sections 18.5 to 18.8, disputes not resolved informally will be settled by final and binding individual arbitration administered by JAMS under its Streamlined Arbitration Rules, as modified by the JAMS Consumer Arbitration Minimum Standards, which we agree apply. Except for a filing fee not exceeding the cost of filing suit in local court, Luqas will pay all JAMS fees and arbitrator compensation. Arbitration will take place remotely, or, at your election, in the county of Luqas's principal place of business.

18.3 Delegation

The arbitrator decides all issues of arbitrability, including scope, enforceability and formation of this Section — except that a court of competent jurisdiction decides any challenge to Section 18.4 (class action waiver).

18.4 Class action waiver

YOU AND LUQAS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. IF THIS PARAGRAPH IS HELD UNENFORCEABLE AS TO A PARTICULAR CLAIM, THAT CLAIM SHALL PROCEED IN COURT AND THE REMAINDER OF THIS SECTION 18 SHALL CONTINUE TO APPLY TO ALL OTHER CLAIMS.

18.5 30-day opt-out

You may opt out of Sections 18.2 to 18.4 by emailing arbitration-optout@luqas.ai with your name and account email within 30 days of first accepting these Terms. Opting out does not affect any other part of these Terms and will not disadvantage you in any way.

18.6 Exceptions

Either party may bring an individual action in small claims court, or seek injunctive relief in court for infringement of intellectual property or unauthorised access.

18.7 EEA and UK consumers

Sections 18.2 to 18.4 do not apply to consumers habitually resident in the European Economic Area or the United Kingdom. Such consumers may bring proceedings in the courts of their country of residence and retain all rights under mandatory consumer protection law, including access to alternative dispute resolution and the EU Online Dispute Resolution platform.

18.8 Mass filings

Where 25 or more similar arbitration demands are filed by, or with the assistance of, the same counsel or coordinated group of counsel, or arising from substantially similar facts, within any 60-day period (a "Mass Filing"), the parties agree that this is a Mass Filing to be administered under JAMS's mass-arbitration procedures and fee schedule then in effect for such filings. Demands will be administered in bellwether batches of no more than 10 claims at a time; fees for claims beyond the initial batch become due only as those claims proceed; limitation periods are tolled for all demands in the queue for the duration of this process. If JAMS will not administer a Mass Filing on this basis, either party may apply to a court of competent jurisdiction to determine how it will proceed.

18.9 Non-parties

This Section binds only you and Luqas. It does not bind, and is not intended to bind, any person who has not accepted these Terms — including an estate, heir, or third party appearing in Source Material.

19.1

These Terms are governed by the laws of the State of California, USA, without regard to conflict of law principles.

19.2 Mandatory local law

Nothing in Section 19.1 deprives a consumer habitually resident outside California of the protection afforded by mandatory provisions of the law of their country or state of residence. For EEA and UK consumers, the law of your country of habitual residence applies to the extent it provides greater protection. Where a materially more protective legal regime begins to apply to you — for example because you move into the EEA or UK — we will provide any additional disclosure, or seek any additional consent, that regime requires, without interrupting your access to your existing AI Companion or Source Material while you consider it.

19.3 Conflicting legal obligations

Where the laws of two jurisdictions that both apply to your account impose obligations that cannot both be satisfied: (a) we will not silently comply with one at the expense of the other — your account continues to be served from its current region while we review, and we will not delete your data; (b) we will notify you in the app; (c) we will make a full export of your data available at no charge for as long as the review continues; (d) we will keep an internal record of how the conflict was handled; and (e) your account is exempt from the dormancy provisions of Section 8.6 for as long as the review continues.

We may update these Terms. For material changes we will give at least 30 days' advance notice by email and in-app before they take effect. If you do not agree, you may cancel and export your data before the effective date under Section 13. Continued use after the effective date constitutes acceptance. We will not apply changes retroactively to a dispute that has already arisen.

• 21.1 Severability. If a provision is held unenforceable, it is modified to the minimum extent necessary or severed, and the remainder continues in effect.
• 21.2 No waiver. Failure to enforce a provision is not a waiver of it.
• 21.3 Assignment. You may not assign these Terms. We may assign them in connection with a merger, acquisition or sale of assets, subject to Section 13.4.
• 21.4 Entire agreement. These Terms, together with our Privacy Policy, Biometric Data Retention and Destruction Schedule, and Consumer Health Data Privacy Policy, form the entire agreement between us.
• 21.5 Notices. We will give notice by email to your registered address or in-app. You give notice to legal@luqas.ai.
• 21.6 Force majeure. Neither party is liable for failure to perform due to events beyond reasonable control — but this does not excuse our obligations under Sections 13.1 and 13.2.
• 21.7 Export and sanctions. You may not use the Services in violation of export control or sanctions laws, and you represent that you are not located in an embargoed jurisdiction or on a restricted-party list.
• 21.8 Survival. Sections 10.3, 13, 16, 17, 18, 19 and 21 survive termination.

• General and legal: legal@luqas.ai
• Privacy and data rights: privacy@luqas.ai
• Estate and likeness objections: likeness@luqas.ai
• Disputes: disputes@luqas.ai

Luqas is a memory and legacy preservation service and is not a medical, therapeutic or emergency service.