Terms of Service

Effective date: March 14, 2026 · Last updated: March 14, 2026

Welcome to Aiffinity. These Terms of Service ("Terms") constitute a legally binding agreement between you ("you", "your", "User") and CAPX Holding, Oberallmendstrasse 18, 6300 Zug, Switzerland, represented by Maximilian Carl Friede ("we", "us", "our", "CAPX Holding"), governing your access to and use of the Aiffinity mobile application and all related services (collectively, the "Service").

By creating an account or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, do not access or use the Service.

1. Eligibility

You must be at least 18 years of age to use the Service. By creating an account, you represent and warrant that:

• You are at least 18 years old.
• You have the legal capacity to enter into a binding agreement.
• You are not prohibited from using the Service under any applicable law.

We reserve the right to request proof of age and to suspend or terminate accounts that do not meet this requirement.

2. Your Account

• You must provide accurate, current, and complete information during registration and keep your account information up to date.
• You are solely responsible for maintaining the confidentiality and security of your account credentials.
• You are responsible for all activity that occurs under your account, whether or not you authorised it.
• You must not share your account with others, create multiple accounts, or transfer your account to another person without our prior written consent.
• You must notify us immediately at security@aiffinity.me if you suspect any unauthorised access to or use of your account.

3. The Service

Aiffinity provides an AI-powered personal companion and communication platform. The Service includes:

• Aiven — a personalised AI companion that adapts to your communication style, preferences, and personality.
• AI Soul — a dynamic personality profile built from your interactions, owned by you, and portable.
• Messaging — end-to-end encrypted one-on-one and group messaging, voice calls, and video calls.
• AI Agents — automated capabilities that act on your behalf, such as drafting emails, managing schedules, browsing the web, and making reservations.
• Relationship management — tools to help you maintain and strengthen your personal relationships.

We reserve the right to modify, suspend, or discontinue any part of the Service at any time. We will provide reasonable notice of material changes where practicable.

4. Your AI Soul

Your AI Soul is a personalised data profile generated from your interactions with the Service. You retain full ownership of your AI Soul data at all times. Specifically:

• You may view, export, share, or delete your AI Soul at any time.
• When you export your AI Soul, it is provided in a structured, machine-readable format (JSON) that you can use with compatible third-party services.
• When you share your AI Soul with a third-party service, that service's own terms and privacy policy apply. We are not responsible for how third parties use your exported data.
• Deleting your AI Soul permanently removes all personality and preference data from our systems. This action is irreversible. Aiven will reset to a default state if you choose to rebuild.

5. AI Agents and Automated Actions

The Service provides AI agents that can perform actions on your behalf, including but not limited to drafting communications, browsing the web, managing your calendar, and making reservations. By using these features, you understand and agree that:

• You are responsible for all actions performed by AI agents on your behalf. Agents act according to your instructions and AI Soul preferences — you should review important actions before they are finalised.
• AI is not infallible. We do not guarantee the accuracy, completeness, appropriateness, or timeliness of agent-generated content or actions. AI output may contain errors or inaccuracies.
• Agents do not constitute professional advice. Agent output should not be relied upon as legal, financial, medical, or other professional advice. Always consult a qualified professional for important decisions.
• Confirmation may be required. For certain high-impact actions (such as sending messages or making bookings), agents will seek your confirmation before executing. You may configure confirmation preferences in your settings.
• You may revoke agent permissions at any time through Settings > Agents.

6. Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You must not:

• Violate any applicable local, national, or international law or regulation.
• Harass, abuse, threaten, stalk, or intimidate any other person.
• Send spam, unsolicited communications, or automated bulk messages.
• Impersonate any person or entity, or falsely represent your affiliation with any person or entity.
• Upload, transmit, or distribute any malware, viruses, or other harmful software.
• Attempt to gain unauthorised access to any accounts, systems, or networks connected to the Service.
• Use the Service to generate, distribute, or store illegal, harmful, discriminatory, defamatory, or misleading content.
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of any part of the Service.
• Circumvent, disable, or interfere with any security or access control features of the Service.
• Use AI agents to perform actions you are not authorised to perform, or to circumvent restrictions imposed by third-party services.
• Use the Service to scrape, crawl, or collect data about other users without their consent.
• Use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with other users' use.

We reserve the right to investigate and take appropriate action against any violation of this section, including suspension or termination of your account and referral to law enforcement where appropriate.

7. Content and Intellectual Property

7.1 Your Content

You retain ownership of all content you create, upload, or share through the Service ("User Content"), including messages, media, AI Soul data, and agent-generated content created at your direction. By using the Service, you grant us a limited, non-exclusive, royalty-free, worldwide licence to process, store, and transmit your User Content solely as necessary to provide and operate the Service. This licence terminates when you delete the content or your account.

7.2 Our Content

The Service, including its design, software, algorithms, visual elements, branding, documentation, and all other proprietary materials (collectively, "Aiffinity Content"), is owned by CAPX Holding and protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or create derivative works based on Aiffinity Content without our prior written consent.

7.3 Feedback

If you provide feedback, suggestions, or ideas about the Service ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free licence to use, modify, and incorporate the Feedback into the Service without any obligation to you.

8. End-to-End Encryption

All user-to-user messages sent through Aiffinity are protected by end-to-end encryption. This means:

• Only the sender and recipient(s) can read message content.
• We cannot access, read, or decrypt the plaintext content of your messages at any point.
• If you lose access to your account or encryption keys, we cannot recover encrypted message content.
• You are responsible for maintaining secure access to your device and account credentials.

9. Third-Party Services and Integrations

The Service may integrate with or contain links to third-party services (including but not limited to Telegram, WhatsApp, email providers, and calendar services). These integrations are governed by the third party's own terms and privacy policies. We are not responsible for the content, practices, or availability of third-party services. Your use of any third-party integration is at your own risk.

10. Fees and Payments

Certain features of the Service may require payment. If applicable:

• Pricing and payment terms will be clearly presented before you are charged.
• Subscriptions renew automatically unless cancelled before the renewal date.
• Refunds are handled in accordance with the Apple App Store refund policy and applicable consumer protection laws.

We reserve the right to change pricing with at least 30 days' notice. Price changes will not affect current billing periods.

11. Suspension and Termination

11.1 By Us

We may suspend or terminate your account, temporarily or permanently, if:

• You violate these Terms of Service or our Privacy Policy.
• You engage in activity that harms other users, the Service, or third parties.
• You provide false or misleading information during registration.
• You are under the age of 18.
• Your account has been inactive for more than 12 consecutive months (with prior notice).
• Required by law or a valid legal order.

Where possible, we will provide notice and an explanation before suspending or terminating your account. In cases of serious violations (e.g. illegal activity, immediate harm to others), we may act immediately without prior notice.

11.2 By You

You may delete your account at any time through the app (Settings > Account > Delete Account). Upon deletion:

• Your account will be immediately deactivated.
• Your personal data will be permanently deleted in accordance with our Privacy Policy retention schedule.
• Your AI Soul data will be permanently removed.
• Encrypted messages already delivered to other users will remain on their devices but the server-side ciphertext will be purged after the retention period.

11.3 Effect of Termination

Upon termination, your right to use the Service ceases immediately. Sections 7, 9, 12, 13, 14, 15, 16, and 17 survive termination.

12. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. WE SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Without limiting the foregoing, we do not warrant that:

• The Service will be uninterrupted, timely, secure, or error-free.
• AI-generated content, including Aiven responses and agent actions, will be accurate, complete, reliable, or appropriate for any particular purpose.
• The Service will meet your specific requirements or expectations.
• Any defects in the Service will be corrected.

Nothing in these Terms excludes or limits warranties that cannot be excluded or limited under applicable law, including consumer protection laws of the European Union.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• CAPX Holding shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to loss of profits, data, goodwill, or other intangible losses, arising from or related to your use of or inability to use the Service.
• CAPX Holding's total aggregate liability arising from or related to these Terms or the Service shall not exceed the greater of (a) the total amount you paid to us in the twelve (12) months immediately preceding the event giving rise to the claim, or (b) one hundred euros (EUR 100).
• These limitations apply regardless of the legal theory (contract, tort, strict liability, or otherwise) and even if we have been advised of the possibility of such damages.

Nothing in these Terms excludes or limits our liability for (a) death or personal injury caused by our negligence, (b) fraud or fraudulent misrepresentation, (c) intentional misconduct or gross negligence, (d) any liability that cannot be excluded or limited under applicable Swiss, EU, or member state law, including under the Swiss Code of Obligations or the EU Consumer Rights Directive.

14. Indemnification

To the extent permitted by applicable law and to the extent you are not acting as a consumer within the meaning of applicable consumer protection legislation, you agree to indemnify, defend, and hold harmless CAPX Holding, its affiliates, officers, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising from or related to:

• Your violation of these Terms or any applicable law.
• Your violation of the rights of any third party.
• User Content you create, upload, or share through the Service that infringes third-party rights or violates applicable law.

Consumer protection notice: If you are a consumer under Swiss, EU, or applicable national consumer protection law, this indemnification clause applies only to the extent permitted by mandatory consumer protection provisions in your jurisdiction. Nothing in this section requires you to indemnify us for our own negligence, breach of contract, or statutory obligations.

15. Governing Law and Dispute Resolution

15.1 Governing Law

These Terms are governed by and construed in accordance with the substantive laws of Switzerland, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG) and conflict of law rules. Where you are a consumer habitually resident in the European Union or the European Economic Area, you also benefit from any mandatory provisions of the consumer protection laws of your country of residence that cannot be derogated from by agreement.

15.2 Dispute Resolution

We encourage you to contact us first at legal@aiffinity.me to resolve any disputes informally. If a dispute cannot be resolved informally within 30 days, it shall be submitted to the exclusive jurisdiction of the courts of Zug, Switzerland, subject to:

• Your right as a Swiss consumer to bring proceedings at your domicile (Art. 32 ZPO).
• Your right as an EU/EEA consumer to bring proceedings in the courts of your country of habitual residence under Regulation (EU) No 1215/2012 (Brussels I Recast).

15.3 EU Online Dispute Resolution

If you are a consumer in the European Union, you may also use the European Commission's Online Dispute Resolution (ODR) platform, available at https://ec.europa.eu/consumers/odr.

16. General Provisions

16.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and CAPX Holding regarding the Service and supersede all prior or contemporaneous agreements, understandings, and communications.

16.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.

16.3 Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or of our right to enforce it at a later time. No waiver shall be effective unless made in writing and signed by an authorised representative of CAPX Holding.

16.4 Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, reorganisation, or sale of all or substantially all of our assets, provided the assignee agrees to be bound by these Terms.

16.5 Force Majeure

We shall not be liable for any failure or delay in performing our obligations under these Terms caused by events beyond our reasonable control, including but not limited to natural disasters, war, terrorism, riots, government action, internet or telecommunications failures, power outages, pandemics, and cyberattacks.

16.6 Notices

We may send you notices via email (to the address associated with your account), in-app notification, or by posting on the Service. You should ensure your contact information is current. Notices are deemed received when sent by email or posted in-app.

17. Changes to These Terms

We may revise these Terms from time to time. When we make material changes, we will:

• Update the "Last updated" date at the top of this page.
• Notify you by email or in-app notification at least 30 days before the changes take effect.
• Provide a summary of the key changes.

Your continued use of the Service after the effective date of revised Terms constitutes your acceptance of the changes. If you do not agree with the revised Terms, you must stop using the Service and delete your account before the changes take effect.

18. Contact Us

If you have questions about these Terms, contact us at:

• Legal inquiries: legal@aiffinity.me
• General inquiries: hello@aiffinity.me
• Security issues: security@aiffinity.me
• Website: aiffinity.me

CAPX Holding
Oberallmendstrasse 18
6300 Zug
Switzerland