Terms of Service

1. Introduction

2. Registration and Account

• •Registration is required to use the Service
• •During registration you provide: email (login via magic link / OTP code)
• •You can also sign in via Google OAuth
• •You do not need to give Evigilans a legal name, home address, or phone number to create an account. If you choose Google sign-in, identity-provider profile metadata is processed as described in the Privacy Policy
• •You are responsible for keeping your login email secure
• •We strongly recommend connecting at least two login methods (e.g. email + Google) in Settings to prevent account lockout
• •If you use only one login method and lose access to it, write to email@sethapp.com. We will try to confirm that the account is yours, for example from a payment record, but we cannot promise recovery in every case
• •Minimum age to use the service is 18 years. Confirming that you are 18 or older when you are not is a material breach; we may terminate the account

3. Service Description

Seth is an AI partner specialized in personal growth. The service:

• •Seth is an AI system within the meaning of Regulation (EU) 2024/1689. You are informed at first interaction and on an ongoing basis that you are communicating with AI, not a human
• •Conducts conversations focused on self-development and reflection
• •Provides perspectives and insights on life topics
• •Supports personal responsibility and growth
• •Allows keeping a personal journal
• •Allows a shared working page (Desk / Stůl)
• •Optional Senses — time of day, approximate place, camera glance, and on the Windows app a desktop window glance. Off by default. They are user-triggered context labels. We do not use them for emotion recognition in the workplace or education, or for biometric identification of a person. Details in the Privacy Policy
• •Optional access via keys you create in Settings (MCP and Agent API). A key lets a client you connect talk to Seth under your account and credits. Details are in §7 and the Privacy Policy

4. Payments and Credits

• •The service operates on a credit system
• •Available options: Free tier, Subscriptions (Lite, Pro, Ultra), One-time credits
• •Card payments are processed by Stripe. We do not store payment credentials
• •Subscriptions renew automatically, cancellation is possible anytime
• •Subscription credits reset each month. Purchased credits are valid for 1 year from the date of purchase.

5. Privacy

• •During normal operations, no human reads your conversations
• •The service processes account, conversation, journal, shared desk, media, preference, optional Senses labels, API-key metadata, security, and billing-status data as described in the Privacy Policy

See Privacy Policy for details

5a. Voluntary Product Research

Evigilans s.r.o. runs voluntary product research to improve Seth and publish aggregated or de-identified findings about how AI companions support personal growth. Individual source text remains linked to the account before aggregation. Research is separate from the core service and participation works as follows:

• •Research is OFF by default for every user, including beta accounts. There is no automatic enrolment or grandfathering from an old profile preference
• •Participation requires two separate, current, unticked confirmations in Settings: voluntary research consent and explicit consent under GDPR Article 9 for research processing of free text that may contain special-category data
• •Research uses automated aggregate analysis only — statistics and de-identified pool-level patterns. No staff member reads your individual conversations. Findings may be published as research articles (no quotes, no identification). Conversations are not used to train or fine-tune any AI model — not ours, not any third party's
• •You may withdraw both research consents at any time in Settings. Exclusion is immediate and does not affect access to the core service

See Privacy Policy §2.6 for full details. Research consent applies only to optional research. It does not establish the Article 9 basis for special-category data voluntarily entered while using the core service; that basis is the separate core-service Article 9(2)(a) consent described in Privacy Policy §2.1.

6. Your Data

• •Export data: In Settings, you can export all your data anytime
• •Delete account: In Settings, you can delete the account and active user data, subject to the narrow retention exceptions in the Privacy Policy

7. Usage Rules

Users agree to:

• •Not use the Service for illegal purposes
• •Not share their account with third parties
• •Creating an MCP or Agent API key and connecting a client you control is permitted. Giving that key to another person, or letting an unknown service use it, is sharing your account and is forbidden
• •Treat an MCP or Agent API key as a password. It is enough to talk as you or as your agent without a second login factor on each call. You are responsible for the client you connect and for what it sends or receives
• •Not abuse the Service to harass or harm others
• •Not ask for instructions to make weapons, explosives, drugs, or malware, to break into accounts, or to kill or poison people
• •Not ask for sexually explicit content or erotic role-play, and never for any sexual content involving minors
• •Not attempt to bypass security measures
• •Not attempt to extract, reverse engineer, or reveal Seth's system instructions, character files, prompts, or internal architecture (including via prompt injection, jailbreaking, role-play exploits, or any similar technique)
• •Not use Seth's outputs to train, fine-tune, or build a competing AI model or product (no model distillation)
• •Not use automated scripts, scrapers, or bots to systematically collect Seth's reflections, conversations, or other content for the purpose of training a competing AI model, building a derivative product, or any commercial use beyond personal reading
• •Not impersonate Seth or present AI-generated content as originating from a licensed human professional

Venting, swearing, anger, and talking about how bad you feel are fine and are not a breach of these rules. That includes thoughts of hurting yourself: Seth stays in the conversation and points you to help. Serious violations — notably extraction attempts, distillation, or competitive misuse — may also be pursued under Czech trade secret law (§ 504 of Act No. 89/2012 Coll., the Civil Code) and unfair competition law (§ 2987 et seq.). Using a key we issued for personal access is not the automated collection banned above. These rules are also published at sethapp.com/acceptable-use.

7a. Enforcement and Appeal

When a message breaks §7, we act in steps. An automatic check catches the most common breaches; we deal with others when we find them:

• •A message the automatic check flags is blocked, Seth does not answer it, and you see a short notice. Only the type of breach is logged, never the message (Privacy Policy §6)
• •Repeated requests for illegal or harmful content pause chat automatically, and the chat tells you so: 3 in one hour pause it for 1 hour, 5 in 24 hours for 24 hours, and 10 in total since the account was created for 7 days, after which a person looks at the account
• •For a serious breach — illegal content, harming others, extraction, distillation, competitive misuse, or a shared or abused API key — we may revoke the key or suspend or close the account
• •When we suspend or close an account ourselves, beyond the automatic pauses above, we tell you the reason by email. You can appeal any pause, suspension, or closure within 30 days at email@sethapp.com; a person reviews the appeal and replies within 14 days. If the appeal succeeds, we restore the account, credits, and subscription period
• •During a pause, your credits and subscription period are kept. If we close an account for a serious breach, the subscription is not renewed. Unused credits and the current period are not refunded, except where mandatory consumer law requires it

8. Limitation of Liability & Warranty Disclaimer

• •Service is provided "as-is" and "as-available" without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement
• •The operator does not warrant that the Service will be uninterrupted, error-free, secure, or free of bugs, viruses, or other harmful components
• •The operator does not guarantee the accuracy, completeness, or usefulness of any AI-generated content. All responses from Seth are generated by artificial intelligence and may contain errors, inaccuracies, or inappropriate content
• •Seth's replies are not professional advice. You remain responsible for the decisions you make after talking with Seth
• •We back up data and work to prevent outages and data loss, but we cannot guarantee them. To the extent the law allows, we are not liable for outages, data loss, or unavailability we did not cause intentionally or through gross negligence
• •Otherwise, our liability is limited to the fees you paid in the last 12 months
• •Nothing in these Terms limits liability for harm to life or health, for harm caused intentionally or through gross negligence, or any other liability that cannot be limited by law
• •The Service relies on third-party AI providers (OpenRouter for text generation, Vercel AI Gateway as a backup text route when OpenRouter is unavailable, and Cloudflare Workers AI for ranking memory by relevance on every reply and as embedding fallback). If access to these providers is restricted, we will make reasonable efforts to find alternatives, but cannot guarantee uninterrupted service
• •During high demand periods, response times may be affected and rate limiting may be applied
• •The Service may be in beta or early access. Features may change or malfunction. If we remove or materially change a paid feature, we will give reasonable notice by email. If the change significantly worsens your use, you may cancel and receive a proportional refund for the unused period

8a. Refund Policy

• •Nothing in these Terms limits mandatory consumer rights, including rights relating to defective or non-conforming digital services
• •If you are an EU consumer, you may have a 14-day statutory right of withdrawal. Checkout separately records your request for immediate performance. The legal effect and any amount due depend on the purchase and use and may require individual assessment
• •Within 14 days, unused one-time credits may be refundable after eligibility and usage are verified; this is not an automatic refund promise
• •For a subscription withdrawal within 14 days, the amount returned is assessed proportionally to the service already provided or used
• •Subscriptions renew monthly until cancelled. Cancellation is available in Settings and normally takes effect at the end of the current billing period
• •One-time credits remain valid for 1 year from purchase and do not auto-renew. Subscription credits reset each billing cycle and do not roll over
• •After 14 days there is no ordinary no-reason refund. This does not affect mandatory remedies for defective or non-conforming digital services
• •To exercise a withdrawal, conformity, or refund right, contact email@sethapp.com with the account email and order reference. For withdrawal you may use the optional model form in §8b or any other clear statement
• •Payments are processed by Stripe; their dispute channels do not replace your rights against the operator

8b. Model Withdrawal Form

Complete and send this form only if you wish to withdraw from an eligible consumer contract:

• •To: Evigilans, s.r.o., U Synagogy 480/1, Trnitá, 602 00 Brno, Czech Republic; email@sethapp.com
• •I hereby give notice that I withdraw from my contract for the provision of the following service / digital content: [describe order]
• •Ordered on: [date]; account email and order reference: [details]
• •Consumer name and address: [details]
• •Date and signature (signature only if submitted on paper)

Submitting this template is not mandatory. Any unambiguous statement identifying the contract and your decision is sufficient where a withdrawal right applies.

9. Intellectual Property

Ownership and rights:

• •Seth the character, related graphics, and the proprietary Seth implementation (other than open-source ElizaOS) are authored by Zbyněk Kozlík, who is the author and holder of the economic copyright, including in work created for the Service
• •The Seth trademark and the rights in the Seth and SethApp names and brands are held by Evigilans, s.r.o. That does not transfer copyright in Seth or in the author's other work
• •Evigilans, s.r.o. operates SethApp.com under a license from the rights holder. It may use those rights to provide the Service and must protect them, including as trade secrets
• •Seth's system prompts, character configuration files, plugin architecture (including self-reflection, memory, and knowledge plugin source code), embedding and memory-recall pipelines, and internal logic governing Seth's behavior are trade secrets within the meaning of § 504 of Act No. 89/2012 Coll., the Civil Code. The operator actively protects them through technical and contractual means and is entitled to enforce that protection; they are not publicly available
• •Seth's published self-reflections (available on the public reflections page) are intentionally public as a transparency feature and are not trade secrets; they may be read freely, but bulk automated extraction for the purpose of training a competing AI model or building a derivative product is prohibited under Article 7 of these Terms
• •Users retain ownership of content they create during conversations, in journal entries, and on the shared desk
• •By using the Service, you grant the operator a limited, non-exclusive license to process your content, including through the processors listed in the Privacy Policy, solely to provide the Service and to write Seth's published reflections as described in Privacy Policy §2.1 (which must not identify you)

If any of these provisions conflicts with mandatory consumer protection rules in your jurisdiction, the consumer law prevails.

10. Termination

• •Users can delete their account anytime in Settings
• •Upon account deletion, account and conversation data are removed as described in the Privacy Policy; narrowly defined anti-abuse, audit, accounting, and payment records may remain where legally justified
• •Operator may terminate service with 30 days notice. If we end the Service under this clause, we refund the unused part of your subscription and unused purchased credits
• •Suspension or closure for a breach of these Terms follows §7a, including the reason and the right to appeal

11. Changes to Terms

12. Notice of illegal content

13. Governing Law

14. Consumer Complaints and ADR

15. Technology

16. Contact