Terms of Service
The short version
- Openly is for adults (18+). Every companion is an AI character with a fictional backstory, not a real person.
- AI can be wrong. Don't rely on it for medical, legal, financial or other important decisions.
- Openly isn't a crisis service. In an emergency, contact local emergency services right away.
- Use Openly lawfully and kindly. Don't try to misuse or break it.
- Openly is free to use, with optional paid plans sold through Dodo Payments. Paid plans renew until you cancel, and you can cancel any time.
1. Agreeing to these terms
These Terms of Service ("Terms") are an agreement between you and Abhinav Kaushik, an individual based in Gurugram, Haryana, India ("Openly", "we", "us"). They cover your use of the Openly website and app at openlyonline.in (the "Service"). By using the Service, you agree to these Terms and to our Privacy Policy. If you don't agree, please don't use the Service.
2. Who can use Openly
You must be at least 18 years old, and old enough to form a binding contract where you live. By using the Service, you confirm that you are. If we learn that someone under 18 is using the Service, we may block access.
Where Openly is available. Live AI replies and paid plans aren't currently offered to people in the United Kingdom, the European Union, the wider European Economic Area or Switzerland, because our AI provider's terms don't allow the service we use to be offered there. Visitors from those places can use demo mode. Please don't use tools such as VPNs to get around this.
3. What Openly is
- AI characters. Openly lets you talk with AI companions, either ready-made characters or ones you design. Their replies are written by an AI model. Companions are not people, have no feelings or consciousness, and don't exist outside the Service. Their backstories, jobs and opinions are fiction.
- No real-world relationship. Conversations may feel personal, but a companion can't make real-world commitments, meet you, or act on your behalf.
- AI can be wrong. Replies may be inaccurate, incomplete, inappropriate or inconsistent. Check anything important with a reliable source or a qualified professional.
- Memory. A companion only remembers the conversation in front of it and the notes you've saved. If you don't use "Save on this device", your chats are gone when you close the tab.
- Demo mode. When live AI isn't available, the Service may show clearly labelled pre-written sample replies instead.
4. Not medical advice, and emergencies
Openly is for conversation and companionship. It is not a doctor, therapist, counsellor or crisis service, and it doesn't provide medical, psychological, legal or financial advice. It isn't a substitute for professional care or for the people in your life.
5. Acceptable use
You agree not to use the Service to:
- break any law, or help someone else break one;
- create, request or share any content that sexualises minors, or that is sexually explicit;
- harass, threaten, defame or harm anyone, or share another person's private information without their permission;
- seek instructions for weapons, violence, self-harm, or other seriously dangerous activities;
- design companions that impersonate real people, or present AI replies as written by a real person in order to deceive others;
- get around our safety rules, limits or filters, for example by trying to make a companion ignore its instructions;
- overload, attack, scrape or reverse-engineer the Service, or use it to access our AI provider for unrelated purposes;
- use the Service for commercial purposes, such as reselling access, without our written permission.
We may limit, block or end access for anyone who breaks these rules.
6. Your content and AI replies
- Your content stays yours. Your messages, companion designs and notes ("Your Content") belong to you. You give us a limited permission to process Your Content only to run the Service, for example by sending it to our AI provider to generate replies. See the Privacy Policy for how this works.
- Responsibility. You're responsible for Your Content and confirm that you have the right to share it.
- AI replies. As far as the law allows, we don't claim ownership of the replies your companion writes for you, and you may use them for personal purposes. Replies are generated automatically, may be similar to replies given to others, and are provided without any guarantee.
7. Our content
The Service, including its design, code, text, logo, the Openly name, and the ready-made characters (Ellie, Mara, Lucía and Hana) and their images, belongs to us or our licensors. Character images are AI-generated depictions of fictional people. You may not copy, sell or reuse our content outside the Service without our permission.
8. Paid plans
- Who sells them. Paid plans (such as Plus) are sold through Dodo Payments, which acts as our merchant of record. That means Dodo Payments processes your payment, issues your receipt, and calculates and collects any sales tax, VAT or GST for your country. Their terms apply to the purchase itself.
- What a plan includes. A paid plan unlocks the features listed on our pricing page, such as higher daily message limits. These are Openly's own limits: replies come from a third-party AI service with its own capacity limits, so at busy times replies may be slow or temporarily unavailable. Paid plans don't change how your messages are handled by that service (see our Privacy Policy).
- Price and billing. The price, billing period (monthly or yearly) and any taxes are shown at checkout before you pay. Subscriptions renew automatically at the end of each period until you cancel.
- Cancelling. You can cancel any time using the "Manage subscription" link in your Dodo Payments receipt email. Your plan stays active until the end of the period you've already paid for, and then Openly returns to the Free plan. Cancelling doesn't delete anything saved on your device.
- Refunds. If you're not happy, email us within 7 days of your first payment and we'll arrange a full refund through Dodo Payments. After that, payments aren't refundable except where the law requires, for example if the Service was unavailable for a long time. This doesn't affect your rights under consumer protection laws.
- Licence keys. After you subscribe, Dodo Payments emails you a licence key. Paste it into Openly to unlock your plan. The key is for you personally: please don't share or resell it. A key can be used on a limited number of devices, and we may disable keys that appear to be shared or misused.
- Price changes. If we change the price of a plan, we'll tell you before your next renewal, and you can cancel before it takes effect.
- Plan limits. Each plan has the limits shown on our Pricing section, such as messages per day. "Unlimited" plans are subject to fair use, so heavy automated use may be slowed to keep Openly working for everyone.
9. Changes and availability
We may add, change or remove features, or stop the Service. If we stop offering a paid plan you've paid for, you'll keep it until the end of your current period, or we'll refund the unused part. We don't guarantee that the Service will always be available or free of errors. Saved chats live in your browser, so we can't recover them if your browser data is cleared.
10. Third-party services
The Service relies on third parties, including Google (the Gemini AI model), Render (our hosting provider), Dodo Payments (payments for paid plans) and Cloudflare (visit counts). Their own terms and privacy policies apply to their services, and we're not responsible for them. Links to other websites are provided for convenience only.
11. Disclaimers
As far as the law allows, the Service is provided "as is" and "as available", without warranties of any kind, whether express or implied, including warranties of accuracy, fitness for a particular purpose, or uninterrupted availability. Nothing in these Terms removes rights you have under consumer protection laws that can't be excluded.
12. Limitation of liability
As far as the law allows, we won't be liable for any indirect, incidental, special or consequential losses, or for loss of data, arising from your use of the Service, including from decisions you make based on AI replies. Our total liability for any claim relating to the Service is limited to the greater of the amount you paid us in the 12 months before the claim or INR 5,000. These limits don't apply where the law doesn't allow them, such as for death or personal injury caused by negligence, or fraud.
13. Indemnity
If you break these Terms or the law while using the Service, and that leads to a claim against us, you agree to cover our reasonable costs and losses from that claim, to the extent the law allows.
14. Suspension and ending
You can stop using Openly at any time. To remove data saved on your device, use "Reset all data" in the app. We may suspend or end your access if you break these Terms, if we're required to by law, or if we stop offering the Service. Sections that by their nature should continue, such as disclaimers, limitation of liability and governing law, will continue to apply.
15. Governing law and disputes
These Terms are governed by the laws of India. Before filing a claim, please contact us at abhi.kaushik1213@gmail.com so we can try to resolve the issue informally within 30 days. If we can't, the courts at Gurugram (Gurgaon), Haryana, India will have exclusive jurisdiction, unless the consumer laws of your country give you the right to bring a claim where you live.
16. General
- Changes to these Terms. We may update these Terms. We'll post the new version here and change the effective date. For significant changes, we'll also show a notice on the site. If you keep using the Service after a change takes effect, you accept the updated Terms.
- Entire agreement. These Terms and the Privacy Policy are the whole agreement between you and us about the Service.
- Severability. If any part of these Terms can't be enforced, the rest still applies.
- No waiver. If we don't enforce a right straight away, we haven't given it up.
- Transfer. We may transfer these Terms to a company that takes over the Service. You may not transfer them without our permission.
17. Contact
Questions about these Terms: abhi.kaushik1213@gmail.com
Operator: Abhinav Kaushik, Gurugram, Haryana, India