Effective date: October 1 2025
Welcome to Softly. Please read on to learn the rules and restrictions that govern your use of our website(s), products, services and applications (the “Services”). The Services are only for use by individuals who are at least 18 years of age or the age of majority in their jurisdiction, whichever is greater. If you are under the age of 18 (or the applicable age of majority in your jurisdiction), you are not permitted to access, view, or use any of the Services and associated content.
If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at:
Email: hello@mysoftly.ai
Address: 1309 Coffeen Avenue STE 1200, Sheridan, WY 82801, USA
These Terms of Use (the “Terms”) are a binding contract between you and Baltar LLC (“Softly,” “we,” and “us”). Your use of the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. These Terms include the provisions in this document as well as those in the Privacy Policy and Copyright Dispute Policy on this page. Your use of or participation in certain Services may also be subject to additional policies, rules and/or conditions (“Additional Terms”), which are incorporated herein by reference, and you understand and agree that by using or participating in any such Services, you agree to also comply with these Additional Terms.
Please read these Terms carefully. They cover important information about Services provided to you and any charges, taxes, and fees we bill you. These Terms include information about future changes to these Terms, automatic renewals, limitations of liability, a class action waiver and resolution of disputes by arbitration instead of in court. PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.
ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION AGREEMENT SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
We are constantly trying to improve our Services, so these Terms may need to change along with our Services. We reserve the right to change the Terms at any time, but if we do, we will place a notice on our site located at https://mysoftly.ai, send you an email, and/or notify you by some other means.
If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.
Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.
Softly takes the privacy of its users very seriously. Please refer to the Privacy Policy.
Children's Online Privacy Protection Act
The Children's Online Privacy Protection Act ("COPPA") requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13 years of age. Our Services are not directed to children under 18 years of age, and we do not knowingly collect personal information from children under 13 years of age.
We do not knowingly collect or solicit personally identifiable information from children under 18 years of age. If you are a child under 18 years of age, please do not attempt to register for or otherwise use the Services or send us any personal information. If we learn we have collected personal information from a person under 18 years of age, we will delete that information as quickly as possible. If you believe that someone under 18 years of age may have provided us personal information, please contact us at hello@mysoftly.ai.
Softly offers interactive Services for you to create an automated personal AI chatbot (“AI Companion”) with functionality that allows you to chat, connect with, and learn from your AI Companion. You can customize your AI Companion to meet your needs in accordance with these Terms, for example the AI Companion can act as a friend, mentor, or language teacher.
You may be required to sign up for an account, and provide us with certain information or data, such as your contact information. You promise to provide us with accurate, complete, and updated registration information about yourself. You may not transfer your account to anyone else without our prior written permission.
Additionally, you may be able to access certain parts or features of the Services by using your account credentials from other services (each, a “Third Party Account”), such as those offered by Google and Apple. By using the Services through a Third Party Account, you permit us to access certain information from such account for use by the Services. You are ultimately in control of how much information is accessible to us and may exercise such control by adjusting your privacy settings on your Third Party Account.
You represent and warrant that you are an individual of legal age to form a binding contract (at least 18 years of age or the age of majority in your jurisdiction, whichever is greater).
We reserve the right to request proof of age at any time to verify compliance with our age requirements. Failure to provide such proof may result in the suspension or termination of your account. If we discover that users under 18 are using the Services, we will immediately terminate their account and delete their data.
You will only use the Services for your own internal, personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren't authorized to use the Services. We can't and won't be responsible for your using the Services in a way that breaks the law.
You will not share your account or login credentials with anyone, and you must protect the security of your account and any other access tools or credentials. You’re responsible for any activity associated with your account.
Softly offers interactive AI Services primarily for entertainment, companionship, and creative exploration purposes. The Services are not a substitute for professional advice, including but not limited to medical, mental health, legal, financial, or other professional services.
You understand and acknowledge that:
You are responsible for evaluating the accuracy and appropriateness of all AI-generated content and using the Services at your own discretion and risk.
Softly is a provider of AI services and does not offer medical advice, or diagnoses, or engage in the practice of medicine. Our Services are offered for communicative and entertainment purposes only, should not be considered medical care, mental health services, or other professional services, and are not intended to be a substitute for professional medical advice, diagnosis, or treatment. Softly makes no claims, representations, or guarantees that the Services provide a therapeutic benefit.
IF YOU ARE EXPERIENCING A MEDICAL OR MENTAL HEALTH EMERGENCY, STOP USING THE SERVICES IMMEDIATELY.
The Services should never be used as a substitute for emergency care. If you are thinking about suicide, self-harm, or harming others, or believe you are experiencing any medical or mental health emergency, you must discontinue use of the Services immediately and:
The Services are not designed to respond to emergencies and should never be used in place of emergency care.
As part of the Services, you may receive communications through the Services, including messages that Softly sends you (for example, via email). When signing up for the Services, you will receive a welcome message and instructions on how to stop receiving messages.
You represent, warrant, and agree that you will not provide or contribute anything, including any Content (as that term is defined below), to the Services, or otherwise use or interact with the Services, in a manner that:
Prohibited Content:
Security and Technical Violations:
Intellectual Property Violations: - infringes or violates the intellectual property rights or any other rights of anyone else (including Softly).
A violation of any of the foregoing is grounds for termination of your right to use or access the Services.
The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Content (as defined below), and so forth (all of the foregoing, the "Content"), may be protected by copyright and/or other intellectual property laws.
You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services. You won't use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize, or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else's (including Softly's) rights.
You understand that Softly owns the Services, including all software, technology, and intellectual property rights therein. You won't modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services.
Any information or Content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such Content originated. You access all such information and Content at your own risk, and we aren't liable for any errors or omissions in that information or Content or for any damages or loss you might suffer in connection with it.
Important: We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services.
Because our Services involve AI-generated content, you acknowledge that:
We can't guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.
You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it.
The Services may contain links or connections to third-party websites or services that are not owned or controlled by Softly. When you access third-party websites or use third-party services, you accept that there are risks in doing so, and that Softly is not responsible for such risks.
Softly has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices, or opinions expressed in any third-party websites or by any third party that you interact with through the Services. In addition, Softly will not and cannot monitor, verify, censor, or edit the content of any third-party site or service.
We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third-party website or service that you visit or utilize. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third-party website or service.
Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Softly shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
If there is a dispute between participants on this site or Services, or between users and any third party, you agree that Softly is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Softly, its directors, officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. You shall and hereby do waive any similar law of any jurisdiction which would otherwise limit the scope of this release, including but not limited to laws that state in substance: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."
Anything you post, upload, share, store, or otherwise provide through the Services is your “User Submission”. You are solely responsible for all User Submissions you contribute to the Services. You are solely responsible for all User Submissions, and represent that you will refrain from intentionally submitting User Submissions that would violate or contradict any other section of these Terms.
Anything generated by your AI Companion or otherwise through the Services in response to your User Submissions, including characters, messages, images, audio, statements and the like, is your "AI Generation" or "Output". Collectively, your User Submissions (Input) and AI Generations (Output) are your "User Content."
You retain ownership rights to your AI Generations, subject to the licenses granted to Softly in these Terms. As between you and Softly, you own your AI Generations.
You are responsible for your User Content, including:
You represent and warrant that you will not intentionally attempt to elicit AI Generations that would violate these Terms or applicable law.
Your ownership and use of AI Generations must comply with these Terms and all applicable laws and regulations. Subject to the license granted to Softly in the "Licenses" section below, you may use your AI Generations for personal or commercial purposes, provided such use does not violate these Terms or any applicable laws.
You acknowledge that while you own your AI Generations, Softly retains all rights, title, and interest in and to the AI models, algorithms, and systems used to create the AI Generations.
You acknowledge and understand that artificial intelligence technology is rapidly evolving and probabilistic in nature. AI Generations may:
AI Generations are not professional advice of any kind. You should conduct your own research and not rely solely on AI Generations for important decisions.
Due to the nature of artificial intelligence, AI Generations may not be unique across users. Different users may receive similar or identical outputs from the Services. Your rights to your AI Generations do not extend to or limit other users' rights to similar AI Generations they receive.
YOU ACCEPT AND AGREE THAT ANY USE OF AI GENERATIONS IS AT YOUR SOLE RISK. You will not rely on AI Generations as the sole source of truth, factual information, or professional advice. Our Service may provide incomplete, incorrect, or offensive AI Generations that do not represent Softly's views.
You are responsible for:
As described above, your User Content includes both your User Submissions (Input) and your AI Generations (Output). In order to display your User Content on the Services, and to allow other users to enjoy them (where applicable), you grant us certain rights in that User Content (see below for more information). Please note that all of the following licenses are subject to our Privacy Policy to the extent they relate to User Content that is also your personally-identifiable information.
For all User Content, you hereby grant us a license to translate, modify (for technical purposes, for example, making sure your content is viewable on a mobile device as well as a computer), and reproduce and otherwise act with respect to such User Content, in each case to enable us to operate the Services and our businesses, as described in more detail below. For clarity, these license grants to us and our users do not affect your ownership or other license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing.
Private User Content. If you store your User Content in your own personal Softly account, in a manner that is not viewable by any other user except you (a “Private User Content”), you grant us the license above, as well as a license to (i) display, perform, and distribute your Private User Content for the purpose of making that Private User Content accessible to you and providing the Services necessary to do so ,and (ii) de-identify and/or aggregate your Private User Content to create de-identified and/or aggregated content, and freely use such de-identified and/or aggregated content for any purpose, without acknowledgement or compensation to you. This means we may use anonymized versions of your conversations to improve our AI models, conduct research, or for other business purposes.
Feedback. If you provide us (in a direct email or otherwise) with any feedback, suggestions, improvements, enhancements, and/or feature requests relating to the Services (the “Feedback”), you hereby grant us a license to freely use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully and commercially exploit the Feedback.
You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.
You agree that all the licenses you grant are royalty-free, fully paid, perpetual (including after your termination of your account or the Services), sublicensable, transferable, irrevocable, and worldwide. When you delete your Softly account, we may stop storing and displaying your User Content. However, you acknowledge that any User Content you made publicly available through the Services or shared with others, may remain fully available to other users (if applicable). You understand and agree that it may not be possible to completely delete that content from Softly's records, and that your User Content may remain viewable elsewhere to the extent that they were downloaded, copied, or stored by other users.
Finally, you understand and agree that Softly, in performing the required technical steps to provide the Services to our users (including you), may need to make changes to your User Content to conform and adapt that User Content to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.
We’re always trying to improve our Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We’ll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn’t always practical. We reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.
You’re free to do that at any time by contacting us at hello@mysoftly.ai; please refer to our Privacy Policy, as well as the "Licenses" section of these Terms, to understand how we treat information you provide to us after you have stopped using our Services. Please note that as stated above under “Auto-Renewal for Paid Services,” if you terminate a Paid Service, you may use your subscription until the end of your then-current term, but you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period.
Softly is also free to terminate (or suspend access to) your use of the Services or your account for any reason in our discretion, including your breach of these Terms. Softly has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms. If your account is suspended or terminated due to a violation of these Terms, you will not be entitled to any refund or credit for the unused portion of your subscription, regardless of the remaining term.
Account termination may result in destruction of any User Content associated with your account, so keep that in mind before you decide to terminate your account. We will try to provide advance notice to you prior to our terminating your account so that you are able to retrieve anything important that you may have stored in your account (to the extent allowed by law and these Terms), but we may not do so if we determine it would be impractical, illegal, not in the interest of someone’s safety or security, or otherwise harmful to the rights or property of Softly.
If you have deleted your account by mistake, contact us immediately at hello@mysoftly.ai – we will try to help, but unfortunately, we can’t promise that we can recover or restore anything.
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us, including without limitation the arbitration agreement.
You can terminate your account at any time through your account settings or by contacting us at hello@mysoftly.ai.
You acknowledge and agree that the availability of our mobile application is dependent on the third party stores from which you download the application, e.g., the App Store from Apple or the Android app market from Google (each an “App Store”). Each App Store may have its own terms and conditions to which you must agree before downloading mobile applications from such store, including the specific terms relating to Apple App Store set forth below. You agree to comply with, and your license to use our application is conditioned upon your compliance with, such App Store terms and conditions. To the extent such other terms and conditions from such App Store are less restrictive than, or otherwise conflict with, the terms and conditions of these Terms of Use, the more restrictive or conflicting terms and conditions in these Terms of Use apply.
Through our mobile applications, you may purchase (“In-App Purchase”) certain goods or features designed to enhance the performance of the Services. When you make an In-App Purchase, you are doing so through either the Apple iTunes service or the Google Play service and you are agreeing to their respective Terms and Conditions, available at http://www.apple.com/legal/internet-services/itunes/us/terms.html and http://play.google.com/intl/en_us/about/play-terms.html. Softly is not a party to any In-App Purchase.
These Terms apply to your use of all the Services, including our iOS application (the "Application") available via the Apple, Inc. ("Apple") App Store, but the following additional terms also apply to the Application:
From time to time Softly may offer rewards or incentives for referring others to the Services. The referring user (“Referrer”) may refer individuals or entities who are neither current customers of Softly nor registered users of the Services (“Referee”).
Prohibited Referral Activities: You may not engage in any fraudulent, deceptive, or manipulative referral activities, including but not limited to: creating fake accounts, self-referrals, referring the same person through multiple accounts, using automated systems or bots, or any other activity that violates the spirit of the referral program. Violation of these prohibitions may result in account termination and forfeiture of all rewards.
A registered user is a person or entity that already has an existing account with Softly. There is no limit to the number of referrals that Referrer can make, nor the cumulative rewards or incentives that the Referrer may receive through such special offer, unless otherwise indicated. Referrer will receive the stated reward or incentive for each Referee sent by the Referrer that completes the required action described in that specific offer (such as signing up for an account or making a purchase). All Referees must be first-time recipients of the offer, and multiple referrals to the same individual or entity will be disregarded. Softly reserves the right to modify or terminate any special offers at any time and to revoke from Referrer and Referee the special offer at Softly's discretion for any reason or for no reason whatsoever. If Softly determines that Referrer or Referee is attempting to obtain unfair advantage or otherwise violate the terms or spirit of such special offer, Softly reserves the right to (a) revoke any rewards or incentives issued to either Referrer or Referee and/or (b) charge the Referrer or Referee for any rewards or incentives (1) used by Referrer or Referee prior to such revocation or (2) issued by Softly to any ineligible Referrer or Referee. All special offers are subject to any other terms, conditions and restrictions set forth on the Services or presented in connection with the special offer.
Tax Responsibility: You are solely responsible for any taxes that may apply to rewards or incentives you receive through our referral program. Softly may be required to report certain payments to tax authorities and may request additional information from you for tax reporting purposes.
Warranty Disclaimer. Softly and its licensors, suppliers, partners, parent, subsidiaries or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns (Softly and all such parties together, the “Softly Parties”) make no representations or warranties concerning the Services, including without limitation regarding any User Content contained in or accessed through the Services, and the Softly Parties will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services or any claims, actions, suits procedures, costs, expenses, damages or liabilities arising out of use of, or in any way related to your participation in, the Services. The Softly Parties make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through or in connection with the Services. THE SERVICES AND USER CONTENT ARE PROVIDED BY SOFTLY (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ANY OF THE SOFTLY PARTIES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANY SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) ONE-HUNDRED ($100) DOLLARS OR (II) THE AMOUNTS PAID AND/OR PAYABLE BY YOU TO SOFTLY IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM OR (D) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnity. You agree to indemnify and hold the Softly Parties harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Softly's prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
Choice of Law. These Terms are governed by and will be construed under the Federal Arbitration Act, applicable federal law, and the laws of the State of Delaware, without regard to the conflicts of laws provisions thereof.
Arbitration Agreement. Please read the following ARBITRATION AGREEMENT carefully because it requires you to arbitrate certain disputes and claims with Softly and limits the manner in which you can seek relief from Softly. Both you and Softly acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these Terms, Softly's officers, directors, employees and independent contractors ("Personnel") are intended to benefit from the limitations of liability, warranty disclaimers, and indemnification provisions in these Terms.
Miscellaneous. You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that Softly may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit.
Force Majeure. Softly shall not be liable for any failure or delay in performing our obligations under these Terms due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials. In the event of such circumstances, we will use reasonable efforts to resume performance as soon as practicable.
The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms are found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Softly agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Softly, and that these Terms supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Softly, and you do not have any authority of any kind to bind Softly in any respect whatsoever.
Except as expressly set forth in the sections above regarding the Application and the arbitration agreement, you and Softly agree there are no third-party beneficiaries intended under these Terms.
Effective date: October 1, 2025
At Softly, we take your privacy seriously. Please read this Privacy Policy to learn how we treat your personal data. By using or accessing our Services in any manner, you acknowledge that you accept the practices and policies outlined below, and you hereby consent that we will collect, use and disclose your information as described in this Privacy Policy.
Remember that your use of Softly’s Services is at all times subject to our Terms of Use, which incorporates this Privacy Policy. Any terms we use in this Policy without defining them have the definitions given to them in the Terms of Use.
You may print a copy of this Privacy Policy by printing this webpage.
As we continually work to improve our Services, we may need to change this Privacy Policy from time to time. We will alert you of material changes by placing a notice on the Softly website, by sending you an email and/or by some other means. Please note that if you’ve opted not to receive legal notice emails from us (or you haven’t provided us with your email address), those legal notices will still govern your use of the Services, and you are still responsible for reading and understanding them. If you use the Services after any changes to the Privacy Policy have been posted, that means you agree to all of the changes.
This Privacy Policy covers how we treat Personal Data that we gather when you access or use our Services. “Personal Data” means any information that identifies or relates to a particular individual and also includes information referred to as “personally identifiable information” or “personal information” or “sensitive personal information” under applicable data privacy laws, rules or regulations. This Privacy Policy does not cover the practices of companies we don’t own or control or people we don’t manage.
This chart details the categories of Personal Data that we collect and have collected over the past 12 months:
| Category of Personal Data (and Examples) | Business or Commercial Purpose(s) for Collection | Categories of Third Parties With Whom We Disclose this Personal Data |
|---|---|---|
| Profile or Contact Data such as email, username and unique identifiers. |
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| Payment Data such as financial account information, payment card type, last 4 digits of payment card, and billing address, phone number, and email. |
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| Commercial Data such as purchase history. |
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| Device/IP Data such as IP address and type of device/ operating system/ browser used to access the Services. |
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| Web Analytics such as web page interactions, referring webpage/source through which you accessed the Services, and non-identifiable request IDs. |
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| Consumer Demographic Data such as age and/or date of birth, gender. |
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| Geolocation Data such as IP-address-based location information. |
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Identifying Information that you voluntarily choose to include in your chats with the AI Characters generated via the Services.*
*Please refer to the Section on "Encryption of Data" below this table for more details. |
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| Other Identifying Information that You Voluntarily Choose to Provide such as emails, letters, texts, or other communications you send to us or via the Services, excluding the Chats. |
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We use a variety of industry-standard security technologies and procedures to help protect your data from unauthorized access, use, or disclosure.
All transmitted data are encrypted during transmission. We use standard Transport Layer Security (TLS) encryption that encodes information for such transmissions. All stored data are maintained on secure servers. Access to stored data is protected by multi-layered security controls including firewalls, access controls, and passwords.
Your account is protected by a password for your privacy and security. You must prevent unauthorized access to your account and personal information by selecting and protecting your password appropriately and limiting access to your device and browser by signing off after you have finished accessing your account.
While we use reasonable commercial efforts to protect your data, no technology, data transmission, or system can be guaranteed to be 100% secure. In the event of a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to your data, we will notify you as soon as we identify the issue in accordance with applicable law.
As encrypted Personal Data is still deemed as Personal Data under applicable data privacy laws, we will store and process such encrypted Personal Data for the purpose of providing the Services to you, and our Service Providers (such as our cloud service provider) may store and process such encrypted Personal Data in order to provide their services to us to support our provision of the Services.
In addition, each of the above referenced categories of Personal Data may be collected, used, and disclosed with the government, including law enforcement, or other parties to meet certain legal requirements and enforcing legal terms including: fulfilling our legal obligations under applicable law, regulation, court order or other legal process, such as preventing, detecting and investigating security incidents and potentially illegal or prohibited activities; protecting the rights, property or safety of you, Softly or another party; enforcing any agreements with you; responding to claims that any posting or other content violates third-party rights; and resolving disputes.
We will not collect additional categories of Personal Data or use the Personal Data we collected for materially different, unrelated or incompatible purposes without providing you notice or obtaining your consent.
We collect Personal Data about you from the following categories of sources:
Restriction on Disclosing Sensitive Personal Information. We have no control over what information or content you may provide in your conversations with your AI companion or with other users through the Services. Our Services are not designed to collect or process sensitive personal information. For your safety and privacy, please refrain from providing any sensitive personal information, whether to your AI Companion or otherwise through the Services. Sensitive personal information includes government-issued identification numbers, financial account information, religious views, sexual orientation, political views, health information, biometric data, racial or ethnic origin, philosophical beliefs, or trade union membership. If you disclose sensitive personal information, you are solely responsible for such disclosure and you do so at your own risk, and we disclaim liability for any consequences resulting from the disclosure of sensitive personal information through the Services. If you choose to provide sensitive personal information despite our recommendation not to do so, you explicitly consent to our processing of such information solely for the purpose of providing the Services to you. While we use commercially reasonable efforts to implement and maintain physical, technical, organizational and administrative security measures, sensitive personal information requires special handling and protection under privacy laws, and we cannot guarantee that our measures and practices will be sufficient for ensuring security of sensitive data to the required standards.
If you provide your third-party account credentials, such as your social network account credentials, to us or otherwise sign in to the Services through a third-party site or service, some content and/or information in those accounts may be transmitted into your account with us.
We use your Personal Data for the following purposes:
| Purpose | Why and How We Use Your Information | Legal Basis | Categories of Information |
|---|---|---|---|
| Operating and Administering the Services |
|
Contractual necessity |
|
| Providing the Core Functionality of the Services |
|
Contractual necessity |
|
| Monitoring and Protecting the Services |
|
Legitimate interests |
|
| Analyzing and Improving the Services |
|
Legitimate interests |
|
| Marketing and Advertising the Services |
|
Legitimate interests; Consent where required by applicable laws |
|
| Enforcing Our Agreements and Complying with Legal Obligations |
|
Legitimate interests; Legal obligation |
|
The Services allow you to input information that may be sensitive and subject to special protections under applicable laws. In your conversations with your AI Companion, you may choose to provide information about your religious views, sexual orientation, political views, health, racial or ethnic origin, philosophical beliefs, or trade union membership.
By choosing to provide sensitive information despite our recommendation not to do so, you explicitly consent to our processing of such information solely for the purpose of enabling your conversations with your AI Companion and providing the Services to you as described in this Privacy Policy. We will not use your sensitive information – or any content of your conversations – for marketing or advertising purposes.
We disclose your Personal Data to the categories of service providers and other parties listed in this section. Depending on state laws that may be applicable to you, some of these disclosures may constitute a “sale” of your Personal Data. For more information, please refer to the state-specific sections below.
We may disclose any Personal Data that we collect with third parties in conjunction with any of the activities set forth under “Other Permitted Purposes for Processing Personal Data” section above.
All of your Personal Data that we collect may be transferred to a third party if we undergo a merger, acquisition, bankruptcy or other transaction in which that third party assumes control of our business (in whole or in part).
We may create aggregated, de-identified or anonymized data from the Personal Data we collect, including by removing information that makes the data personally identifiable to a particular user. We may use such aggregated, de-identified or anonymized data and disclose it with third parties for our lawful business purposes, including to analyze, build and improve the Services and promote our business, provided that we will not disclose such data in a manner that could identify you.
The Services use cookies and similar technologies such as pixel tags, web beacons, clear GIFs and JavaScript (collectively, “Cookies”) to enable our servers to recognize your web browser, tell us how and when you visit and use our Services, analyze trends, learn about our user base and operate and improve our Services. Cookies are small pieces of data– usually text files – placed on your computer, tablet, phone or similar device when you use that device to access our Services. We may also supplement the information we collect from you with information received from third parties, including third parties that have placed their own Cookies on your device(s).
We use the following types of Cookies:
You can decide whether or not to accept Cookies through your internet browser’s settings. Most browsers have an option for turning off the Cookie feature, which will prevent your browser from accepting new Cookies, as well as (depending on the sophistication of your browser software) allow you to decide on acceptance of each new Cookie in a variety of ways. You can also delete all Cookies that are already on your device. If you do this, however, you may have to manually adjust some preferences every time you visit our website and some of the Services and functionalities may not work.
To find out more information about Cookies generally, including information about how to manage and delete Cookies, please visit http://www.allaboutcookies.org/.
We seek to protect your Personal Data from unauthorized access, use and disclosure using appropriate physical, technical, organizational and administrative security measures based on the type of Personal Data and how we are processing that data. You should also help protect your data by appropriately selecting and protecting your password and/or other sign-on mechanism; limiting access to your computer or device and browser; and signing off after you have finished accessing your account. Although we work to protect the security of your account and other data that we hold in our records, please be aware that no method of transmitting data over the internet or storing data is completely secure.
In the event of a data breach that compromises your Personal Data, we will notify you and relevant authorities in accordance with applicable law. We will provide notice via email to the address associated with your account and/or through a prominent notice on our Services. The notification will include information about the nature of the breach, the types of Personal Data affected, the measures we have taken to address the breach, and steps you can take to protect yourself. We will make such notifications without unreasonable delay and, where feasible, within 72 hours of becoming aware of the breach, or as otherwise required by applicable law.
We retain Personal Data about you for as long as necessary to provide you with our Services or to perform our business or commercial purposes for collecting your Personal Data. When establishing a retention period for specific categories of data, we consider who we collected the data from, our need for the Personal Data, why we collected the Personal Data, and the sensitivity of the Personal Data. In some cases we retain Personal Data for longer, if doing so is necessary to comply with our legal obligations, resolve disputes or collect fees owed, or is otherwise permitted or required by applicable law, rule or regulation. We may further retain information in an anonymous or aggregated form where that information would not identify you personally. De-identified and aggregated data used for AI model training, research, and service improvement may be retained indefinitely.
For example:
As noted in the Terms of Use, we do not knowingly collect or solicit Personal Data from children under 18 years of age; if you are a child under the age of 18, please do not attempt to register for or otherwise use the Services or send us any Personal Data. If we learn we have collected Personal Data from a child under 18 years of age, we will delete that information as quickly as possible. If you believe that a child under 18 years of age may have provided Personal Data to us, please contact us at hello@mysoftly.ai.
If you are a California resident, you have the rights set forth in this section. Please see the “Exercising Your Rights under the State Privacy Laws” section below for instructions regarding how to exercise these rights. Please note that we may process Personal Data of our customers’ end users or employees in connection with our provision of certain services to our customers. If we are processing your Personal Data as a service provider, you should contact the entity that collected your Personal Data in the first instance to address your rights with respect to such data. Additionally, please note that these rights are subject to certain conditions and exceptions under applicable law, which may permit or require us to deny your request.
If there are any conflicts between this section and any other provision of this Privacy Policy and you are a California resident, the portion that is more protective of Personal Data shall control to the extent of such conflict. If you have any questions about this section or whether any of the following rights apply to you, please contact us at hello@mysoftly.ai.
You have the right to request certain information about our collection and use of your Personal Data. In response, we will provide you with the following information in the past 12 months:
If we have disclosed your Personal Data to any third parties for a business purpose over the past 12 months, we will identify the categories of Personal Data shared with each category of third party recipient. If we have sold your Personal Data over the past 12 months, we will identify the categories of Personal Data sold to each category of third party recipient.
You may request the above information beyond the 12-month period, but no earlier than January 1, 2022. If you do make such a request, we are required to provide that information unless doing so proves impossible or would involve disproportionate effort.
You have the right to request that we delete the Personal Data that we have collected about you. Under the CCPA, this right is subject to certain exceptions: for example, we may need to retain your Personal Data to provide you with the Services or complete a transaction or other action you have requested, or if deletion of your Personal Data involves disproportionate effort. If your deletion request is subject to one of these exceptions, we may deny your deletion request.
You have the right to request that we correct any inaccurate Personal Data we have collected about you. Under the CCPA, this right is subject to certain exceptions: for example, if we decide, based on the totality of circumstances related to your Personal Data, that such data is correct. If your correction request is subject to one of these exceptions, we may deny your request.
We will not sell or share your Personal Data, and have not done so over the last 12 months. To our knowledge, we do not sell or share the Personal Data of minors under 18 years of age.
Consumers have certain rights over the processing of their Sensitive Personal Information. However, we do not collect Sensitive Personal Information.
We will not discriminate against you for exercising your rights under the CCPA. We will not deny you our goods or services, charge you different prices or rates, or provide you a lower quality of goods and services if you exercise your rights under the CCPA. However, we may offer different tiers of our Services as allowed by applicable data privacy laws (including the CCPA) with varying prices, rates or levels of quality of the goods or services you receive related to the value of Personal Data that we receive from you.
To exercise the rights described in this Privacy Policy, you must send us a request that (1) provides sufficient information to allow us to verify that you are the person about whom we have collected Personal Data by sending the request from the registered email on file with the account, or by sending us the user identification ID for email-less accounts, and (2) describes your request in sufficient detail to allow us to understand, evaluate and respond to it. Each request that meets both of these criteria will be considered a “Valid Request.” We may not respond to requests that do not meet these criteria. We will only use Personal Data provided in a Valid Request to verify your identity and complete your request. You do not need an account to submit a Valid Request.
We will work to respond to your Valid Request within the time period required by applicable law. We will not charge you a fee for making a Valid Request unless your Valid Request(s) is excessive, repetitive or manifestly unfounded. If we determine that your Valid Request warrants a fee, we will notify you of the fee and explain that decision before completing your request.
If you are a California resident, you may exercise your Right to Limit by using the following methods:
Email us at hello@mysoftly.ai
You may submit a Valid Request for any other rights afforded to you in this Privacy Policy by using the following methods:
Email us at: hello@mysoftly.ai
If you are a California, Colorado or Connecticut resident, you may also authorize an agent (an “Authorized Agent”) to exercise your rights on your behalf. To do this, you must provide your Authorized Agent with written permission to exercise your rights on your behalf, and we may request a copy of this written permission from your Authorized Agent when they make a request on your behalf.
Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to contact us to prevent disclosure of Personal Data to third parties for such third parties’ direct marketing purposes; in order to submit such a request, please contact us at hello@mysoftly.ai.
If you are a resident of Nevada, you have the right to opt-out of the sale of certain Personal Data to third parties. Please note that we do not currently sell your Personal Data as sales are defined in Nevada Revised Statutes Chapter 603A.
We may share your Personal Data, including information about your interactions with our virtual AI humans, other users, or any of our other Services, with government authorities or other third parties if we are required to do so to comply with a legal obligation, or in the good faith belief that such action is necessary to comply with a legal obligation.
If you have any questions or comments about this Privacy Policy, the ways in which we collect and use your Personal Data or your choices and rights regarding such collection and use, please do not hesitate to contact us at:
Effective date: October 1, 2025
In accordance with the DMCA, we’ve adopted the policy below toward copyright infringement. We reserve the right to (1) block access to or remove material that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users and (2) remove and discontinue service to repeat offenders.
Remember that your use of Softly's Services is at all times subject to the Terms of Use, which incorporates this Copyright Dispute Policy. Any terms we use in this Policy without defining them have the definitions given to them in the Terms of Use.
If a counter-notice is received by the Designated Agent, Company may, in its discretion, send a copy of the counter-notice to the original complaining party informing that person that Company may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider accused of committing infringement, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Company's discretion.
Baltar LLC
c/o Registered Agents Inc
1309 Coffeen Avenue STE 1200, Sheridan, WY 82801, USA