Terms of Service
These Terms of Service ("Terms") govern your use of Evie (the "App"). By downloading, installing, or using the App, you agree to these Terms. If you do not agree, do not use the App.
The App is also subject to Apple's standard End User License Agreement ("Apple Standard EULA") at https://www.apple.com/legal/internet-services/itunes/dev/stdeula/, which applies in addition to these Terms. Where these Terms and the Apple Standard EULA conflict, the Apple Standard EULA prevails for matters it covers.
1. What the App does
The App is an offline voice and text assistant that runs an artificial-intelligence language model on your device. It transcribes your speech, generates a text response using a local AI model, and speaks the response back to you. All conversation processing happens on your device. The App supports multiple household profiles (kid / teen / adult), audience-aware persona settings, parent-mode controls, and an optional paid upgrade ("Evie Pro") sold via Apple's App Store.
2. Eligibility and license
By using the App, you represent that you are at least 18 years old, or that you are using the App with the consent and supervision of a parent or legal guardian who has read and accepted these Terms on your behalf. The parent or legal guardian is the party bound by these Terms in respect of any child user.
Subject to the foregoing, we grant you a personal, non-exclusive, non-transferable, revocable license to use the App on Apple devices that you own or control, in accordance with the App Store Terms, the Apple Standard EULA, and these Terms. You may not:
- copy, modify, reverse-engineer, decompile, or create derivative works of the App, except to the extent that applicable law expressly permits;
- distribute, sublicense, rent, lease, or sell the App;
- remove or alter copyright, trademark, or other proprietary notices;
- use the App in any way that violates applicable law or the rights of others.
3. AI-generated content
The App uses Google's Gemma language model running locally on your device. Responses are generated by a statistical model and may be inaccurate, incomplete, biased, offensive, or fabricated. You acknowledge and agree that:
- You will not rely on the App for medical, legal, financial, safety-critical, or other professional advice. Always consult a qualified professional.
- You are solely responsible for any decisions you make or actions you take based on output from the App.
- AI output is not guaranteed to be accurate, current, or fit for any particular purpose.
- You are responsible for evaluating and verifying any output before using it.
- If you allow a child to use the App, you are responsible for supervising that use. Evie includes on-device persona and safety features, but no AI safety feature is perfect, and parents remain the final judge of what is appropriate for their child.
4. Acceptable use — Gemma Prohibited Use Policy
The Gemma model is provided by Google under the Gemma Terms of Use and the Gemma Prohibited Use Policy, which are incorporated into these Terms by reference and which you can read at:
You agree to comply with the Gemma Prohibited Use Policy in addition to these Terms. Without limiting that policy, you must not use the App, and must not attempt to cause the model to generate output, in order to:
- generate child sexual abuse material or any content that sexually exploits minors;
- generate content that facilitates or promotes violence, terrorism, self-harm, or illegal activity;
- harass, defame, threaten, dox, or impersonate any person;
- generate non-consensual sexual content or non-consensual intimate imagery of real people;
- generate malware, exploits, or instructions intended to compromise computer systems;
- generate content that infringes intellectual-property or privacy rights;
- generate medical, legal, financial, or other professional advice presented as advice from a qualified professional;
- generate misleading content intended to deceive (including deepfakes of real people, election disinformation, or fake official statements);
- generate output relating to weapons of mass destruction or other content prohibited by Google's policies.
We may update this list to reflect changes to Google's Gemma policies.
5. Your content and on-device data
You retain all rights in the prompts you submit to the App and in any conversation history stored locally on your device. Because the App processes your data on-device, we do not receive a license to your inputs or outputs. You are responsible for any content you generate with the App, including ensuring you have the right to use that content for your intended purpose.
6. Evie Pro — in-app purchases and subscriptions
Evie is free to install. An optional paid upgrade, Evie Pro, is offered through the App Store as one of three products:
- Evie Pro — Monthly (product ID
evie.pro.monthly): an auto-renewing subscription, billed monthly, that unlocks Pro features while the subscription is active. - Evie Pro — Annual (product ID
evie.pro.annual): an auto-renewing subscription, billed yearly, that unlocks Pro features while the subscription is active. - Evie Pro — Lifetime (product ID
evie.pro.lifetime): a one-time, non-consumable purchase that unlocks Pro features permanently for the Apple ID that bought it.
Any of the three products unlocks the same Pro feature set: multiple profiles, the Storyteller "Work Together" co-create sub-style, the Curious Scientist learning mode, the full Lessons catalog, full-text search and export of conversation history, and per-audience extra instructions appended on top of the locked baseline prompts. Free users retain access to voice chat, typed chat, all audience modes, Socratic and Storyteller (normal) and Calm Bedtime modes, the first lesson of every Lessons track, parent mode, allowed hours, and on-device safety monitoring.
6.1 Billing, renewal, and cancellation
- Prices and currency are displayed in the App immediately before purchase and are set in App Store Connect. Apple may localize prices by storefront.
- Payment is charged to your Apple ID account at the price shown, in accordance with Apple's standard App Store and subscription terms.
- For the Monthly and Annual subscriptions, your subscription automatically renews at the then-current price unless you cancel at least 24 hours before the end of the current billing period. Your Apple ID account will be charged for renewal within 24 hours prior to the end of the current period. Apple will notify you of any price increase in accordance with App Store policy and, where required by Apple's policy or applicable law, request your consent before the renewal at the new price.
- You can manage and cancel your subscription at any time in iOS Settings → [your name] → Subscriptions, or by visiting the App Store. Cancellation takes effect at the end of the current billing period; no partial refunds for the unused portion.
- The Lifetime purchase is a one-time charge and does not renew. It remains tied to the Apple ID that bought it and can be restored on other devices signed in with the same Apple ID via the "Restore Purchases" button in the App.
- Free trial (Annual subscription only). The Evie Pro Annual subscription may be offered with an introductory 7-day free trial for eligible new subscribers. The trial begins when you start the subscription. If you do not cancel at least 24 hours before the trial ends, the Annual subscription will begin and your Apple ID account will be charged the then-current Annual price. You can cancel from iOS Settings → [your name] → Subscriptions at any time during the trial without being charged. Trial eligibility is determined by Apple and is tracked per subscription group; users who have previously taken a free trial in the Evie Pro group may not be eligible again.
6.2 Refunds
All payments are processed by Apple, not by Human Before AI. Refund requests are handled exclusively by Apple under Apple's refund policy. Submit refund requests at https://reportaproblem.apple.com. We have no ability to issue or deny refunds for App Store purchases.
To the extent your jurisdiction (for example, Australian Consumer Law, EU consumer protection rules, or UK consumer rights) grants you statutory refund, withdrawal, or cooling-off rights, those rights apply notwithstanding anything in these Terms. In particular, consumers in the European Union retain a 14-day right of withdrawal for digital content under the Consumer Rights Directive (Directive 2011/83/EU); this right is exercisable through Apple's refund channel at https://reportaproblem.apple.com.
6.3 Feature changes
We reserve the right to add, modify, rename, or remove Pro features in future versions of the App. If we materially reduce the Pro feature set for paying subscribers, we will notify you within the App and via the "Last updated" date on these Terms. Material changes to the Lifetime entitlement that meaningfully reduce its value will be communicated in-app before they take effect. Lifetime customers retain the entitlement to all then-available Pro features for the operational lifetime of the App on supported devices. Nothing in this Section limits any non-excludable consumer guarantee under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) regarding the fitness for purpose or acceptable quality of goods or services we supply.
7. Open-source components
The App incorporates third-party open-source software. The corresponding licenses, copyright notices, and attributions are available within the App in the Acknowledgements screen. Your use of those components is governed by their respective licenses, which are incorporated by reference.
8. Updates
We may release updates to the App. Updates may add, change, or remove features. We do not guarantee that any particular feature or model version will continue to be available, subject to Section 6.3 above for Pro features.
9. Intellectual property
The App, excluding third-party open-source components and the Gemma model weights, is owned by Human Before AI and is protected by copyright and other intellectual-property laws. No rights are granted other than those expressly stated in these Terms.
The Gemma model weights are owned by Google and are licensed under the Gemma Terms of Use. "Gemma" is a trademark of Google LLC. We are not affiliated with, endorsed by, or sponsored by Google.
10. Disclaimers
THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, OR UNINTERRUPTED OPERATION. WE DO NOT WARRANT THAT THE APP OR ANY AI OUTPUT WILL BE ACCURATE, RELIABLE, COMPLETE, OR APPROPRIATE FOR ANY PURPOSE.
Some jurisdictions do not allow exclusion of certain warranties, so some of the above may not apply to you. In particular, nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or other applicable mandatory consumer-protection law.
11. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, HUMAN BEFORE AI AND ITS SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE APP, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS RELATED TO THE APP WILL NOT EXCEED THE GREATER OF (a) THE AMOUNT YOU PAID FOR THE APP AND ANY EVIE PRO PURCHASES IN THE TWELVE MONTHS PRECEDING THE CLAIM, OR (b) AUD 10.
Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above may not apply to you. Nothing in this section limits liability that cannot be excluded under applicable law, including the Australian Consumer Law.
12. Indemnification
To the extent permitted by applicable law, you agree to indemnify and hold harmless Human Before AI from any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to (i) your violation of these Terms, (ii) your violation of the Gemma Prohibited Use Policy, or (iii) your misuse of AI output generated by the App.
13. Termination
These Terms remain in effect while you use the App. We may terminate or suspend your license if you materially breach these Terms. You may terminate at any time by deleting the App. Termination does not by itself cancel an active Evie Pro Monthly or Annual subscription — cancel that through the App Store as described in Section 6.1. Sections that by their nature should survive termination (including 5, 6.2, 9, 10, 11, 12, and 14) will survive.
14. Governing law and disputes
These Terms are governed by the laws of South Australia, Australia, without regard to its conflict-of-laws principles. The exclusive forum for disputes is the competent courts of Adelaide, South Australia, except where applicable law gives you the right to bring proceedings in the jurisdiction where you reside.
If you are a consumer in the European Union, United Kingdom, Australia, or another jurisdiction with mandatory consumer-protection rules, those rules apply notwithstanding this section.
15. Apple-specific terms
You and we acknowledge that these Terms are between you and Human Before AI only, and not with Apple Inc. ("Apple"). Apple is not responsible for the App or its content. Apple has no obligation to furnish maintenance or support for the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any); to the maximum extent permitted by law, Apple has no other warranty obligation. Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession or use of the App, including product-liability, consumer-protection, and intellectual-property claims. Apple and Apple's subsidiaries are third-party beneficiaries of these Terms and may enforce them against you. You represent that you are not located in a country subject to a U.S. Government embargo or designated as "terrorist-supporting", and that you are not on any U.S. Government list of prohibited or restricted parties.
16. Changes to these Terms
We may update these Terms from time to time. Material changes will be indicated by an updated effective date and, where appropriate, a notice within the App. For material changes, the App will request your acceptance on next launch before the conversation surface resumes. For non-material changes, your continued use after the update constitutes acceptance. For active Evie Pro subscribers (Monthly or Annual), material adverse changes affecting paid features will be communicated in-app before they take effect.
17. Entire agreement; severability
These Terms, together with the Apple Standard EULA, the Gemma Terms of Use, the Gemma Prohibited Use Policy, and the Privacy Policy, constitute the entire agreement between you and us regarding the App. If any provision is held unenforceable, the remaining provisions remain in effect.
18. Contact
Chen-Kuo Chou (Human Before AI)