2WAI

Terms of Service & End User License Agreement

Last updated: 2026-07-23 · Effective: [to be set on publication]
DRAFT — for counsel review. This is a working draft to accelerate legal review. It is not legal advice and is not a binding agreement until reviewed, edited, approved by counsel, and published by 2WAI. Bracketed items require a decision before publication.

Operator [2WAI, Inc. / legal entity name] ("2WAI", "we", "us"). Contact: legal@2wai.ai.

0. About these Terms

These Terms of Service, the EULA in Section 18, and our Privacy Policy (the "Terms") govern your use of the 2WAI app, website, and services (the "Service") — a social platform featuring a vertical-video feed of AI avatars, direct messages, an avatar marketplace, on-device and cloud AI chat, per-avatar memory, virtual coins, and creator subscriptions.

By downloading, accessing, or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

Please read Section 16 (Arbitration & Class-Action Waiver) carefully. It affects your legal rights.

1. Eligibility & age

You must be at least 13 (or the higher local digital-consent age, e.g., 16 in parts of the EU/EEA). If under 18 (or your local age of majority), use the Service only with a parent/guardian's involvement and consent. At registration you provide a date of birth, used to apply age-appropriate settings (including restricting the coin wallet and certain topics for minors). The Service and its roster are not intended to provide sexually explicit or adult content.

2. Your account

Register with Sign in with Apple, email/password, or limited guest mode. You are responsible for your credentials and all activity under your account. Keep your information accurate; notify security@2wai.ai of unauthorized use. Do not share, sell, or transfer your account.

3. License to use the Service

Subject to these Terms, 2WAI grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use the app on an Apple-branded device you own or control, for personal, non-commercial use, per the Usage Rules in the Apple Media Services Terms. Full license terms are in the EULA (Section 18).

4. Artificial intelligence — how the Service works

Avatars are AI. They are not real people speaking to you in real time. Every interaction is AI-generated, on-device and/or via cloud services. Some avatars are fictional; some are AI recreations of real public figures who have licensed their likeness and/or voice (Section 9).

AI output can be wrong, offensive, or fabricated and may not reflect any real person's views. Do not rely on it as fact or as professional advice (medical, legal, financial, mental-health). Verify important information independently.

Not a substitute for human help or emergency services. If you are in crisis, contact your local emergency number or a crisis line (in the U.S., call or text 988).

In line with AI-transparency laws (California SB-243, EU AI Act art. 50), the Service persistently discloses AI interaction and labels AI-generated media. Do not remove or misrepresent these disclosures. The Service keeps per-avatar "memory" you can view, export, and delete.

5. Your content ("User Content")

"User Content" includes videos, photos, camera face-capture used to create avatars, audio/voice recordings, text, direct messages, avatar packages, and prompts. You retain ownership.

License to 2WAI: you grant 2WAI a worldwide, non-exclusive, royalty-free, sublicensable, transferable license to host, store, reproduce, format-modify, create requested AI derivatives from, display, perform, and distribute your User Content solely to operate, secure, and improve the Service and per your privacy settings. This ends when your content/account is deleted, except for re-shared copies, limited residual backups, and legally required retention.

Your responsibility: you are solely responsible for your User Content and warrant you have all rights to post it and that it violates no law or third-party right. AI-generated content you create is also User Content and must be presented as AI-generated — never passed off as an authentic recording of a real person or event.

6. Zero tolerance for objectionable content and abusive users

This Section is a material term. Apple App Store Review Guideline 1.2 requires it for user-generated-content apps.

There is ZERO TOLERANCE for objectionable content and abusive behavior. You will not create, upload, post, send, generate, request, or transmit User Content, and will not behave, in a way that:

Abusive users will be ejected. 2WAI may remove content and suspend or terminate accounts of users who post objectionable content or behave abusively, at our discretion and without prior notice.

Filter, report, block, 24-hour action. The Service provides content filtering, in-app reporting, and user blocking. We act on reports of objectionable content and eject offending users within 24 hours. Use the in-app report control on the content, message, or profile, or email trust@2wai.ai. We may review, filter, and remove any User Content at our discretion, but are not obligated to pre-screen.

7. Child safety (CSAE / CSAM)

2WAI has zero tolerance for child sexual abuse and exploitation, including AI-generated or computer-generated material that sexually depicts minors. We use technical measures (including hash-matching on upload paths) and human review. On actual knowledge of apparent CSAM, we remove it, preserve related data as legally required, and report it to the National Center for Missing & Exploited Children (NCMEC) under 18 U.S.C. § 2258A, and may disclose account information to law enforcement. Violations result in immediate termination and referral to authorities.

8. Impersonation, likeness & the avatar marketplace

No impersonation. Do not use the Service to impersonate any real person or to create avatars/content using another person's name, likeness, image, or voice without their verifiable consent, including public figures you lack rights to. Face-capture may only be used for your own avatar or a consenting person you can evidence. Verified-likeness avatars recreate real public figures who licensed their name/likeness/voice; they carry a verified indicator from a recorded consent artifact (Section 9). Marketplace creators warrant they hold all rights in packages they publish; 2WAI may remove any package, and takedowns propagate to installed copies.

9. Rights of publicity — licensed public-figure avatars

Where an avatar recreates a real public figure, that figure (or their representative) has licensed 2WAI to create and operate the AI avatar and use their name, likeness, image, and/or voice within the Service. A machine-readable consent record is referenced at https://2wai.ai/licenses/{avatarId}. Your license to interact is limited to the Service's ordinary features; do not exploit a public figure's likeness or voice outside the Service or imply endorsement without separate authorization. Unauthorized-likeness concerns: legal@2wai.ai.

10. Intellectual property & DMCA / copyright policy

The Service, software, models, design, and trademarks (including "2WAI") are owned by 2WAI or its licensors. Do not post content you lack rights to. DMCA notices (U.S.): send our Designated Agent (a) your signature; (b) the copyrighted work; (c) the infringing material and its location; (d) your contact info; (e) a good-faith statement; and (f) a statement under penalty of perjury that the information is accurate and you are authorized.

Designated Copyright Agent: [name/role], 2WAI — copyright@2wai.ai — [mailing address]. [Action: register the Designated Agent with the U.S. Copyright Office before launch.]

We provide a counter-notification process and terminate the accounts of repeat infringers.

11. Virtual items, coins & subscriptions

Coins are a limited, non-transferable, revocable license to a virtual item, with no monetary value, non-redeemable for cash, and non-refundable except where required by law or Apple's policies. Creator subscriptions auto-renew via your Apple ID unless canceled at least 24 hours before the period ends; manage/cancel in Apple ID settings — deleting the app does not cancel a subscription. All purchases are processed by Apple; refunds are handled by Apple.

12. Suspension, termination & data deletion

We may suspend or terminate access at any time for any breach or to protect the Service or users; objectionable content, abuse, and CSAE result in immediate termination. You may delete your account at any time in-app, which deletes or anonymizes your account and associated data, subject to limited exceptions (backups, legally required retention including CSAM preservation, fraud prevention, dispute resolution) described in the Privacy Policy. Sections that should survive termination do.

13. Third-party services

The Service relies on third-party providers (AI model providers, real-time communication (LiveKit), hosting, analytics) whose terms may apply; we are not responsible for third-party services. The App Store is provided by Apple under its own terms.

14. Disclaimers

THE SERVICE AND ALL CONTENT (INCLUDING AI OUTPUT) ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTY THAT AI OUTPUT WILL BE ACCURATE, RELIABLE, OR APPROPRIATE. Some jurisdictions do not allow certain disclaimers.

15. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, 2WAI AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR LOST PROFITS, DATA, OR GOODWILL. OUR TOTAL LIABILITY WILL NOT EXCEED THE GREATER OF [USD $100] OR AMOUNTS YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM. You agree to indemnify and hold 2WAI harmless from claims arising out of your User Content, your use, or your breach of these Terms.

16. Dispute resolution — arbitration & class-action waiver

Please read carefully. This affects how disputes are resolved and limits your rights. [Counsel must finalize provider, seat, governing law, opt-out mechanics, and enforceability per market — these terms are unenforceable against consumers in parts of the EU/UK.]

Except as stated, you and 2WAI agree to resolve disputes by binding individual arbitration administered by [AAA / JAMS] under its consumer rules, not in court. Disputes proceed only on an individual basis — you and 2WAI waive any class, collective, or representative action. Exceptions: small-claims court, and injunctive relief for IP or unauthorized-access claims. You may opt out within 30 days of first accepting these Terms by emailing legal@2wai.ai. EU/UK consumers retain mandatory rights to their local courts.

17. General

We may update these Terms (new "Last updated" date; additional notice for material changes; continued use = acceptance). Governing law: [to be finalized by counsel], without prejudice to mandatory local consumer-protection rights. If any provision is unenforceable, the rest remain; no waiver by non-enforcement; you may not assign, we may assign to an affiliate/successor. These Terms, the EULA, and the Privacy Policy are the entire agreement. Contact: legal@2wai.ai.

18. End User License Agreement (EULA) — Apple Standard EULA + UGC addendum

This EULA incorporates Apple's minimum EULA terms and adds Apple-required UGC terms. Where they differ, the stricter user-protective term controls.