Terms of Service

1. Acceptance of Terms

By accessing or using NeverGiveUp services, including our website, API, and AI Audio Creator features, you agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree with any of these terms, you are prohibited from using or accessing this service. NeverGiveUp is operated by a Delaware corporation.

2. Eligibility

You must be at least 13 years of age to use NeverGiveUp, or the minimum age required by your country if higher. By using this service, you represent and warrant that you meet all eligibility requirements. NeverGiveUp is a platform for creating AI-powered motivational audio content, meditation guides, and personal growth audio.

If you are under 18, you must have permission from a parent or guardian to use this service.

3. Service Description

NeverGiveUp provides AI-powered audio generation services for personal development and wellness content, including:

• AI Audio Creator: Generate personalized motivational speeches, meditations, and affirmations based on user prompts
• Custom Content: Create tailored audio content for relaxation, focus, sleep, and personal growth
• Multi-Track Sequences: Generate multiple connected audio tracks forming a complete session
• Audio Library: Store and access your generated audio content

All content is generated through artificial intelligence based on user-provided prompts and parameters. NeverGiveUp reserves the right to modify, suspend, or discontinue any aspect of the service at any time without prior notice.

4. Account Registration and Security

To access NeverGiveUp services, you must authenticate through any of our login methods or use an API key. You are responsible for maintaining the confidentiality of your account credentials and API keys. You agree to:

• Provide accurate and complete information during registration
• Keep your API keys secure and not share them with unauthorized parties
• Immediately notify us at hello@nevergiveup.ai of any unauthorized use of your account
• Accept responsibility for all activities that occur under your account

NeverGiveUp reserves the right to refuse service, terminate accounts, or remove content at our sole discretion without notice or liability.

5. Content Policy and Prohibited Uses

NeverGiveUp is committed to providing a positive and supportive platform. The following content policies apply:

5.1 Prohibited Content

The following types of content are strictly forbidden:

• Harmful Content: Content that promotes self-harm, suicide, or dangerous activities
• Hate Speech: Content promoting discrimination, hostility, or violence against individuals or groups based on race, ethnicity, religion, gender, sexual orientation, disability, or other protected characteristics
• Harassment: Content intended to harass, threaten, or intimidate others
• Misinformation: Content containing medical, legal, or financial advice that could be harmful
• Illegal Activities: Content promoting or facilitating illegal activities

5.2 Permitted Content

The following types of content are explicitly permitted on NeverGiveUp:

• Motivational Content: Speeches, affirmations, and encouragement for personal goals
• Meditation Guides: Guided meditations, breathing exercises, and relaxation content
• Sleep Content: Bedtime stories, sleep meditations, and calming audio
• Personal Development: Content for confidence, focus, productivity, and self-improvement
• Fitness Motivation: Workout encouragement, running companions, and exercise motivation

5.3 Additional Prohibited Uses

You may not use NeverGiveUp to:

• Violate any applicable local, national, or international law or regulation
• Infringe upon the intellectual property rights of others
• Transmit any viruses, malware, or other malicious code
• Attempt to gain unauthorized access to our systems or other user accounts
• Use the service for any commercial purpose without explicit written permission

6. Payment Terms and Credits

NeverGiveUp operates on a credit-based system where usage is measured in credits.

6.1 Credit Allocation and Usage

• Credits are allocated based on your subscription tier
• Credits are consumed upon successful audio generation
• Unused credits expire after one month

6.2 Refund Policy

Credits are generally non-refundable. However, we may issue refunds or credit adjustments at our sole discretion in cases of:

• Technical failures preventing successful audio generation
• Service outages or interruptions caused by NeverGiveUp systems
• Erroneous billing or credit deductions

Refund requests must be submitted to hello@nevergiveup.ai within 30 days of the incident.

7. Intellectual Property Rights

7.1 User-Generated Content

You retain ownership of prompts you submit and audio content generated through NeverGiveUp. By using our service, you grant NeverGiveUp a non-exclusive, worldwide, royalty-free license to store, process, and display your content solely for the purpose of providing and improving our services.

7.2 Platform Rights

NeverGiveUp, including all software, algorithms, AI models, website design, and trademarks, is the exclusive property of NeverGiveUp and is protected by United States and international copyright, trademark, and other intellectual property laws.

7.3 Commercial Use of Generated Content

Users are permitted to use generated audio content for personal or commercial purposes, provided such use complies with these Terms of Service and all applicable laws.

8. Disclaimers and Limitation of Liability

8.1 Not Medical or Professional Advice

NeverGiveUp content is for entertainment and general wellness purposes only. It is not intended to replace professional medical, psychological, or therapeutic advice. Always consult qualified professionals for health-related concerns.

8.2 Service Provided "As Is"

NeverGiveUp is provided on an "as is" and "as available" basis without warranties of any kind. We do not warrant that:

• The service will be uninterrupted, secure, or error-free
• Generated content will meet your expectations or requirements
• All errors or defects will be corrected

8.3 Limitation of Liability

To the maximum extent permitted by applicable law, NeverGiveUp shall not be liable for any indirect, incidental, special, consequential, or punitive damages resulting from your use or inability to use the service.

9. Governing Law and Jurisdiction

These Terms of Service are governed by and construed in accordance with the laws of the State of Delaware, United States. Any disputes arising from or relating to these terms shall be subject to the exclusive jurisdiction of the courts of Delaware.

10. Contact Information

For questions, concerns, or notices regarding these Terms of Service, please contact us at:

Email: hello@nevergiveup.ai

We will respond to inquiries within 72 hours during business days.