Terms of Service

Effective Date: March 23, 2026 Last Updated: March 23, 2026

These Terms of Service (“Terms”) govern your use of the Whisper Me mobile application (“App”) operated by JoCoding, Inc. (“we,” “us,” “our”). By downloading, installing, or using the App, you agree to be bound by these Terms. If you do not agree, do not use the App.

1. Overview of the Service

Whisper Me is an AI companion application that allows you to create a virtual AI companion and interact with it through voice calls and text conversations. The companion is powered by artificial intelligence and is not a human being.

2. Eligibility

You must be at least:

16 years old if you reside in the EU/EEA
14 years old if you reside in Korea
13 years old if you reside in the United States
The age of majority in your jurisdiction, or have parental/guardian consent

to use the App. By using the App, you represent that you meet these requirements.

3. Account Registration

3.1 Account Creation

You may create an account using:

Email and password
Google Sign-In
Apple Sign-In

You are responsible for maintaining the confidentiality of your account credentials. You are responsible for all activity that occurs under your account.

3.2 Account Accuracy

You agree to provide accurate, current, and complete information during registration and to update it as necessary.

3.3 One User Per Account

Each account is for a single individual. You may not share your account with others or create multiple accounts for the same person.

4. AI Companion — Important Disclaimers

READ THIS SECTION CAREFULLY.

4.1 Not a Human

Your AI companion is an artificial intelligence. It is not a real person. It does not have consciousness, emotions, feelings, or independent thoughts. Any expressions of emotion, affection, concern, or personality by the companion are simulated responses generated by a language model.

4.2 Not a Substitute for Professional Services

The AI companion is not:

A therapist, counselor, or mental health professional
A medical professional or health advisor
A legal, financial, or professional advisor
An emergency service

If you are experiencing a mental health crisis, suicidal thoughts, or any emergency, contact your local emergency services or a crisis helpline immediately. The AI companion cannot help you in an emergency.

4.3 AI Limitations and Inaccuracies

The AI companion:

May generate inaccurate, misleading, or nonsensical responses. AI language models are probabilistic systems that predict likely text. They do not verify facts or possess true understanding.
May produce inconsistent responses. The companion may contradict itself across conversations despite its memory system.
May fabricate information. The companion may state things as facts that are entirely made up (“hallucinations”). Do not rely on the companion for factual information.
May not always remember correctly. The companion’s memory system extracts and stores facts using AI, which can misinterpret, lose, or incorrectly recall information you have shared.
May generate unexpected or inappropriate content. Despite system instructions, AI outputs cannot be fully controlled or predicted.

4.4 No Guarantees About AI Behavior

We make best efforts to guide the companion’s behavior through system prompts and configuration, but we cannot guarantee that the AI will:

Always stay in character
Never say something offensive, incorrect, or harmful
Accurately remember everything you tell it
Respond in the way you expect

4.5 User Responsibility

You are responsible for your own decisions and actions. Do not make important life decisions (medical, financial, legal, or personal) based on anything the AI companion says.

5. Acceptable Use

5.1 You Agree To:

Use the App for personal, non-commercial purposes
Comply with all applicable laws and regulations
Respect the rights of others

5.2 You Agree NOT To:

Use the App to generate content that violates any law (including content that constitutes child sexual abuse material, non-consensual intimate imagery, or content that incites violence against real individuals)
Attempt to extract, reverse-engineer, or replicate the AI model, system prompts, or proprietary algorithms
Use the App to harass, threaten, or harm any real person
Share or publish AI-generated conversation content in a way that could mislead others into believing a real person said it
Attempt to bypass security measures, access other users’ data, or exploit vulnerabilities
Use automated tools, bots, or scripts to interact with the App
Create accounts for the purpose of abusing free tiers, promotions, or rate limits
Resell, sublicense, or commercially exploit the App or its content
Use the App to generate spam, phishing content, or malware
Interfere with the App’s infrastructure or other users’ experience

5.3 Explicit Content

The App permits conversations that include explicit, intimate, or adult content between you and your AI companion. By using this feature, you confirm that you are of legal age in your jurisdiction. This content is:

Generated between you and a fictional AI character
Stored as part of your conversation history (see Privacy Policy)
Subject to AI memory extraction (the companion may remember intimate topics)
Not shared with other users or third parties (except as described in the Privacy Policy regarding AI processing providers)

We reserve the right to restrict this feature in jurisdictions where applicable law requires it.

6. Intellectual Property

6.1 Our Intellectual Property

The App, including its design, code, AI models (as configured), voice profiles, visual assets, and branding, is owned by us or our licensors and is protected by intellectual property laws. You receive a limited, non-exclusive, non-transferable, revocable license to use the App for personal purposes.

6.2 Your Content

You retain ownership of the content you create and input into the App (messages, custom instructions, companion names). However, you grant us a worldwide, royalty-free license to process this content as necessary to operate the service (including sending it to AI providers for response generation, memory extraction, and embedding generation).

6.3 AI-Generated Content

Responses generated by the AI companion are produced by third-party AI models. Neither you nor we may claim exclusive copyright over AI-generated outputs. You are free to use AI-generated responses for personal purposes. We make no representations about the originality or copyright status of AI-generated content.

7. Voice Calls and Audio

7.1 Microphone Permission

Voice calls require microphone access. The App will request this permission from your device operating system. You may revoke microphone permission at any time through your device settings, but voice calls will not function without it.

7.2 Audio Processing

During voice calls:

Your voice audio is streamed in real time to our server
Audio is processed by Deepgram (speech-to-text) and is not recorded or stored
The text transcript is stored (see Privacy Policy)
The companion’s voice is generated by MiniMax (text-to-speech) and streamed back to you

No audio recordings are made or stored by us.

7.3 Twilio

Voice calls are routed through Twilio’s VoIP infrastructure. Twilio processes call audio and metadata in accordance with Twilio’s privacy policy.

8. Companion Memory

8.1 How Memory Works

Your AI companion uses a multi-layer memory system:

Conversation memory: The companion has access to recent messages within a call
Profile facts: After each call, AI extracts and stores facts about you (name, job, interests, preferences, relationships, etc.)
Call summaries: Each call is summarized and stored with semantic embeddings for future retrieval
Relationship narrative: Periodically, the AI generates a narrative summary of your relationship history

8.2 Memory Limitations

Memory extraction is performed by AI and may be inaccurate
Facts may be incorrectly attributed, misunderstood, or lost
The companion may reference memories inaccurately or at inappropriate times
Memory is designed to enhance the experience but is not a reliable record of your conversations

8.3 Memory and Third-Party Processing

Memory extraction requires sending your conversation data to xAI (Grok) for processing, and call summaries to OpenAI for embedding generation. See our Privacy Policy for full details.

9. Data and Privacy

Your use of the App is also governed by our Privacy Policy, which describes how we collect, use, store, and share your data. The Privacy Policy is incorporated into these Terms by reference.

10. Account Deletion

You may delete your account at any time through Settings > Account > Delete Account in the App. Account deletion permanently removes all your data, including:

Your profile and account information
All companion configurations
All conversation transcripts and messages
All call logs
All AI-extracted memories, summaries, and relationship data

This action is irreversible. Once your account is deleted, your data cannot be recovered.

Data already transmitted to third-party AI providers (xAI, OpenAI, Deepgram, MiniMax, Twilio) before deletion is subject to those providers’ data retention policies.

11. Service Availability

11.1 No Uptime Guarantee

We provide the App on an “as available” basis. We do not guarantee uninterrupted, error-free, or continuous access to the App. The App depends on third-party services (AI providers, telephony, cloud infrastructure) that may experience outages.

11.2 Maintenance and Changes

We may modify, suspend, or discontinue the App (or any feature) at any time, with or without notice. We will make reasonable efforts to notify you of significant changes.

11.3 Third-Party Dependencies

The App relies on third-party AI models (xAI Grok, OpenAI, Deepgram, MiniMax) and infrastructure (Twilio, Supabase). Changes in these providers’ policies, pricing, availability, or capabilities may affect the App’s functionality. We are not responsible for third-party service disruptions.

12. Fees and Payment

The App is currently provided free of charge. We reserve the right to introduce paid features or subscriptions in the future, with advance notice.

13. Disclaimers

13.1 “As Is” and “As Available”

THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

13.2 AI Disclaimers

WE DISCLAIM ALL WARRANTIES REGARDING:

THE ACCURACY, RELIABILITY, OR COMPLETENESS OF AI-GENERATED RESPONSES
THE SUITABILITY OF THE AI COMPANION FOR ANY PARTICULAR PURPOSE
THE AI COMPANION’S ABILITY TO ACCURATELY REMEMBER OR RECALL INFORMATION
THE EMOTIONAL OR PSYCHOLOGICAL IMPACT OF INTERACTING WITH AN AI COMPANION

13.3 No Professional Advice

NOTHING IN THE APP CONSTITUTES PROFESSIONAL ADVICE OF ANY KIND. THE AI COMPANION IS AN ENTERTAINMENT AND COMPANIONSHIP SERVICE ONLY.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE APP
WE SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM AI-GENERATED CONTENT, INCLUDING INACCURATE, MISLEADING, OR OFFENSIVE RESPONSES
WE SHALL NOT BE LIABLE FOR EMOTIONAL DISTRESS OR PSYCHOLOGICAL IMPACT FROM INTERACTIONS WITH THE AI COMPANION
OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM YOUR USE OF THE APP SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM (OR $100 USD IF YOU HAVE NOT PAID US ANYTHING)

SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSIONS OF CERTAIN DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

15. Indemnification

You agree to indemnify and hold harmless JoCoding, Inc., its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorney’s fees) arising from:

Your use of the App
Your violation of these Terms
Your violation of any law or third-party right
Content you input into the App

16. Governing Law and Dispute Resolution

16.1 Governing Law

These Terms are governed by the laws of the Republic of Korea, without regard to conflict of law principles.

16.2 Dispute Resolution

Any dispute arising from these Terms or the App shall be submitted to the exclusive jurisdiction of the courts of Seoul, Republic of Korea.

For users residing in the United States: You agree that any dispute shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, conducted in English. You waive any right to participate in a class action or class-wide arbitration.

Nothing in this section limits your right to bring proceedings in the courts of your place of residence if applicable law grants you that right.

17. Termination

17.1 By You

You may stop using the App and delete your account at any time.

17.2 By Us

We may suspend or terminate your access to the App if you:

Violate these Terms
Engage in illegal activity through the App
Abuse the service or its infrastructure

We will provide notice where reasonably possible. Upon termination, your right to use the App ceases immediately. You may still request deletion of your data under applicable privacy laws.

17.3 Survival

Sections 4 (AI Disclaimers), 6 (Intellectual Property), 13 (Disclaimers), 14 (Limitation of Liability), 15 (Indemnification), and 16 (Governing Law) survive termination.

18. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by:

Posting updated Terms in the App
Updating the “Last Updated” date
Sending an in-app notification for significant changes

Continued use of the App after changes constitutes acceptance. If you disagree with the updated Terms, stop using the App and delete your account.

19. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force.

20. Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and us regarding the App and supersede any prior agreements.

21. Contact Us

For questions about these Terms:

Email: highball@jocoding.net Address: 16 Wausan-ro 29-gil, Mapo-gu, Seoul, South Korea

These Terms are provided in English. Translations may be provided for convenience, but the English version is the authoritative version in case of conflict.