Last Updated: April 15, 2025

1. Introduction and Acceptance

Welcome to Only Ever! These Terms of Service ("Terms") are a binding agreement between you ("you" or "User") and The Only Ever Inc. ("Only Ever," "we," "us," or "our").

These Terms govern your access to and use of our mobile application, website, and related services (collectively, the "Service"). By using the Service, you agree to these Terms. If you do not agree, do not use the Service.

We may update these Terms from time to time. Material changes will be communicated via email or in-app notification. Continued use of the Service after such notice constitutes your acceptance of the updated Terms.

2. Eligibility and Account Registration

2.1 Age Requirements & FERPA Notice

• You must be at least 13 years old to use the Service.

• Users under 13 are strictly prohibited from creating an account or using the Service. We do not knowingly collect personal information from children under 13, in compliance with the Children’s Online Privacy Protection Act (COPPA).

• Users between 13 and 17 may only use the Service with the consent and supervision of a parent or legal guardian.

FERPA Notice: Only Ever is a direct-to-consumer service. It is not designed for institutional use or deployment within schools subject to FERPA regulations. We do not offer institutional licenses or agreements without a separate written contract.

2.2 Account Registration and Security

You agree to provide accurate, complete, and current information when registering for the Service. You are responsible for safeguarding your login credentials and for all activity under your account.

Report any unauthorized access to: support@onlyever.com

3. Acceptable Use and Content Guidelines

3.1 Prohibited Conduct

You may not use the Service to:

• Violate any applicable laws or regulations.

• Infringe the intellectual property rights of others.

• Harass, abuse, or harm any person or group.

• Upload misleading, harmful, infringing, or inappropriate content.

3.2 Copyright and DMCA Compliance

You may only upload content that you have the legal right to share. We comply with the Digital Millennium Copyright Act (DMCA) and will remove infringing content upon receiving valid notice. Repeat infringers may have their accounts terminated.

DMCA Notices should be sent to: dmca@onlyever.com
Registered DMCA Agent: Registration ID #DMCA-1062744

3.3 Moderation Rights

We may monitor, review, remove, or restrict any content to enforce these Terms and maintain a safe and respectful environment.

4. User Content and Licensing

You retain ownership of any content you create or upload to the Service.

By uploading content, you grant Only Ever a non-exclusive, royalty-free license to use, display, and distribute your content solely to operate, maintain, and improve the Service. This license ends when you delete your content, except for content already shared with others or stored in backups.

5. Payments, Subscriptions, and Refunds

5.1 Payment Terms

• Some features of the Service require a paid subscription.

• Subscriptions automatically renew unless canceled prior to the end of the current billing period.

• Payments are processed by Stripe or other payment providers.

• All pricing is in U.S. Dollars (USD), unless otherwise stated.

• We reserve the right to change pricing at any time with advance notice, which may be delivered via email or through the Service.

5.2 Refund Policy

All purchases are final unless:

• Requested within 48 hours of purchase (accidental purchase).

• The Service is non-functional due to our fault.

• Required by applicable law.

EU/UK Users: If you reside in the EU or UK, you may have a right to cancel within 14 days of purchase. However, by accessing or using the Service immediately after purchase, you acknowledge and consent that your right to withdrawal may be forfeited in accordance with applicable law.

Refund requests: support@onlyever.com

6. Account Termination and Data Handling

6.1 Termination by Only Ever

We may suspend or terminate your account at any time if you violate these Terms.

6.2 Termination by You

You may delete your account at any time via your account settings. Upon deletion, your personal data will be removed from active systems within 30 days.

Residual copies may remain in backups or logs for up to 90 days or as required for operational, security, or legal purposes.

6.3 Data Export

To request a copy of your personal data in a commonly used format, contact: support@onlyever.com. We will respond in accordance with applicable data protection laws.

7. AI-Generated Content

Certain features of the Service allow you to generate content using artificial intelligence ("AI-Generated Content"). This functionality is powered by third-party AI models.

Ownership and Use of AI-Generated Content

• You may use AI-Generated Content solely for personal, non-commercial purposes within the Service.

• Commercial use, resale, or redistribution of AI-Generated Content outside the Service is prohibited without prior written permission from Only Ever.

• Only Ever retains all rights in the prompts, templates, systems, and workflows used to generate AI-Generated Content.

No Guarantees or Liability

AI-Generated Content is provided "as-is" and may contain inaccuracies or inappropriate material. You are solely responsible for your use of any AI-Generated Content.

Do not rely on AI-Generated Content for legal, medical, educational, financial, or other critical decisions without independent verification.

Use of AI features is at your own risk.

8. Export Controls & Sanctions

You may not use the Service if:

• You are located in a country subject to U.S. government sanctions.

• You are listed on any U.S. government list of prohibited or restricted parties.

9. Limitation of Liability & Warranty Disclaimer

The Service is provided "as-is" and "as available" without warranties of any kind, express or implied. To the fullest extent permitted by law, Only Ever disclaims all warranties, including merchantability, fitness for a particular purpose, and non-infringement.

Only Ever is not liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Service.

10. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Delaware, USA, without regard to its conflict of laws principles.

10.1 Arbitration Agreement

Any dispute or claim arising out of or relating to these Terms or the use of the Service will be resolved through binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules.

• The arbitration will take place in Delaware, USA.

• The arbitrator’s decision will be final and binding.

• Each party will bear its own legal fees and costs unless the arbitrator decides otherwise.

You and Only Ever waive any right to a jury trial or to participate in a class action.

10.2 Exceptions

You or Only Ever may seek injunctive or equitable relief in court for matters relating to intellectual property infringement or misuse of confidential information.

11. Contact Us

For any questions or concerns regarding these Terms, please contact us at:

Email: support@onlyever.com
Legal inquiries: legal@onlyever.com
DMCA Notices: dmca@onlyever.com