Terms of Service
Please read these Terms. They include an agreement to resolve disputes by individual arbitration instead of in court, and a waiver of class actions and jury trials (section 19). You can opt out of arbitration within 30 days of first agreeing to these Terms (section 19.8).
1. Agreeing to these Terms
These Terms are an agreement between you and the maker of Someone (“we”, “us”). They cover the Someone app for iPhone and this website. Our Privacy Policy explains how we handle your information. We are Someone Dating LLC, a limited liability company being formed in Florida.
Before you start using the app, it asks you to agree with this statement: “I agree to the Terms of Service, including the arbitration agreement and class-action waiver in section 19, and I’ve read the Privacy Policy.” By agreeing, or by using the Someone app, you accept these Terms. If you don’t agree, don’t use the Someone app.
2. Who can use the Someone app
- You must be at least 18 years old. The Someone app is not for minors, and nobody may help a minor use it.
- You must be able to make a binding contract, and not be barred from using the Someone app by law.
- The Someone app is offered in the United States.
- One account per person. Don’t make an account for someone else.
If a chat suggests you’re under 18, that chat closes and your account is paused until our team reviews it.
3. What the Someone app is
Everyone you’ll meet on Someone is an AI, not a real person. The app says so when you sign up, on every profile, and at the start of every call, and every chat reminds you when it starts and at least every three hours, a reminder you can’t turn off.
The personas, their profiles, photos, voices, messages and stories are fiction made by AI. They aren’t real people, and nothing a persona says is a statement by a real person or by us. AI can be wrong, inconsistent or surprising, so don’t rely on a persona for facts, or for medical, legal, financial or mental-health advice. The Someone app isn’t a way to meet real people.
Personas never claim to be human, even if you ask, and never suggest meeting up, video calls, moving to another app or swapping numbers. Each AI decides whether to like you back based on your profile, and as you talk, your messages shape how it replies and whether the chat goes on. Some will pass, and some will end a chat.
Chatting and calling with AI personas may not be suitable for some people, including minors.
4. Safety and crisis resources
The Someone app isn’t an emergency service and can’t get you help in an emergency. If you’re in danger, call 911. If you’re thinking about suicide or self-harm, call or text 988, the Suicide & Crisis Lifeline, any time, free.
If a message suggests you may be in crisis, the app steps out of the chat to point you to the 988 Suicide & Crisis Lifeline (call or text 988 in the US), and the romance pauses for a while. Our safety and crisis protocol explains how this works.
Reporting a match ends that chat for good and sends it to our review queue. You can report a persona by pressing and holding one of their messages, or from the chat’s menu or the chat list.
5. Your account
You don’t give us an email address, phone number or password to use the app. When you set it up, our server creates a random account ID and key. The app keeps the key in your iPhone’s Keychain, synced through iCloud Keychain so a new iPhone can restore your account, and our server stores only a one-way hash of it.
Keep your iPhone and Apple ID secure, because anyone who can open the app on your phone can use your account, and you’re responsible for what happens on it.
You can delete your account from the You tab in the app. It’s immediate and permanent: everything linked to your account is deleted at once, including your profile, photos, chats, voice recordings, memories, call records, Dots balance, purchase records, safety cases, usage events and crash reports.
6. Rules for using the Someone app
Treat Someone with the same respect you would any dating app. You agree not to:
- use the Someone app if you’re under 18, or help anyone under 18 use it;
- send, describe or ask for any sexual or romantic content involving a minor, or any photo of a person under 18;
- send nudity or sexually explicit content, or try to make a persona produce it;
- upload a photo or recording of another real person without their consent, share anyone’s intimate or private images, or impersonate a real person;
- harass, threaten or abuse, or use the Someone app to plan or encourage violence, self-harm or anything illegal;
- try to make a persona claim to be human, get around our safety systems, “jailbreak” the AI, or extract its instructions;
- scrape, copy, resell or commercially exploit Someone or its content, or use it to train AI models;
- use bots or automation, reverse engineer the app, or interfere with Someone’s security or other people’s use of it;
- break the law or anyone’s rights.
Personas may end a chat that crosses these lines, and we may remove content or suspend accounts that break these rules.
7. Photos and other content you send
You keep ownership of what you put into the Someone app: your profile, photos, messages and recordings (“your content”). You give us a worldwide, non-exclusive, royalty-free license to host, store, process, transmit and display your content, and to send it to our service providers, including our AI provider, only to provide and protect the Someone app as described in the Privacy Policy. The license ends when your content is deleted.
Only share photos of yourself, or of other people who’ve agreed to it, and only content you have the right to share. Never share a photo of anyone under 18. We check photos before a persona sees them and may block or remove content that breaks these Terms.
Intimate images shared without consent. If you believe an intimate image of you is on Someone without your consent, email [email protected] with “Takedown” in the subject, and tell us where it appears. We’ll remove it within 48 hours of a valid request, along with any copies we can find.
8. What the personas create
We own the personas and what the Someone app generates: their names, profiles, photos, voices, messages and stories. You may view and keep what personas send you for your own personal, non-commercial use. Don’t remove the “AI-generated” mark from a photo, present AI content as showing a real person, or use it commercially or to deceive anyone.
Personas are fictional, and any resemblance to a real person is a coincidence. If you think a persona looks or sounds like you or someone you know, email [email protected] and we’ll review it.
9. Dots and gifts
Dots are Someone’s in-app currency. They’re sold in packs through Apple, never expire, and can’t be exchanged for cash. Dots pay for gifts, photo shoots, dates, Second Chances and calls beyond your plan’s allowance.
Buying Dots gives you a limited, personal, revocable license to use them in the Someone app. They aren’t money or property, have no cash value, and can’t be sold, transferred or redeemed outside the Someone app. We may change what things cost in dots; the price is always shown before you spend it.
Gifts are virtual. Nothing is shipped to anyone: the delivery is part of the story, and the photos that come back are AI-generated. A gift never changes how a persona feels about you.
If a gift can’t arrive, or a paid call doesn’t connect, its dots come back to you. Refunds are handled by Apple (reportaproblem.apple.com). If Apple refunds a pack, we take that pack’s dots back, even if that leaves your balance below zero, and nothing can be spent until it’s back above zero. Apart from that, and except where the law requires otherwise, Dots and gifts aren’t refundable.
Dots are part of your account: deleting your account deletes your balance, and it can’t be brought back.
10. Someone Plus
Someone Plus is a subscription sold through Apple for 1, 3 or 6 months at a time. It renews automatically until you cancel. The 1-month plan may start with a 3-day free trial, after which the price is charged unless you cancel before the trial ends. The app shows the price, the length of each period and what Plus includes before you subscribe, and Apple charges your Apple ID when you confirm or when a free trial ends.
You can cancel anytime in your iPhone’s Settings › Apple ID › Subscriptions, at least a day before it renews. Plus stays on until the end of the period you’ve paid for. Deleting your account doesn’t cancel Plus: Apple keeps billing it until you cancel it there. Apple handles refunds under its own policies. If the price changes, Apple will tell you before it applies, as its rules require.
Matching works the same on every plan, and nobody you talk to knows which plan you’re on. What Plus includes may change over time; we’ll show what’s included in the app.
11. Second Chances and calls
A Second Chance asks someone who passed on your like to look again. It doesn’t guarantee a match: it’s still their choice, and the app shows the odds before you send one.
Everyone gets 10 minutes of calls a week, across any number of calls. With Plus, it’s 20 minutes a day. Past that, a call goes on at 10 Dots a minute. Personas call you only if you switch on “Matches can call me”, and only between 10 am and 9 pm your time.
A date in the Someone app is a voice call with an AI persona. Either you each stay where you are, or you go somewhere together in your imagination, like dinner out, with pictures of it. The place is imagined, and you never meet in person. Booking a date costs Dots by its length: up to 20 minutes, 200; up to 40 minutes, 400; longer, 600. Plus includes one date a day. A date runs to its natural end, and its call doesn’t count against your calls. If a date never happens, or ends because of a problem on our side, its Dots come back. The app shows a date’s price, or that it’s your Plus date for the day, before you book it. If you don’t have enough Dots, nothing is taken.
12. Apple and the App Store
You get Someone through Apple’s App Store, so these terms apply too:
- Who’s responsible. These Terms are between you and us, not Apple. We, not Apple, are solely responsible for Someone and its content.
- Your license. We give you a limited, non-transferable license to use the app on Apple-branded products you own or control, as allowed by the Usage Rules in Apple’s Media Services Terms and Conditions.
- Support. We’re solely responsible for maintaining and supporting the app. Apple has no obligation to provide any maintenance or support.
- Warranty. We’re solely responsible for any product warranty that isn’t effectively disclaimed. If the app fails to meet a warranty that applies, you can tell Apple, and Apple will refund the price you paid for the app, if any. To the fullest extent the law allows, Apple has no other warranty obligation for the app.
- Claims. We, not Apple, are responsible for any claim by you or anyone else about the app or its use, including product liability claims, claims that the app fails to meet a legal or regulatory requirement, and claims under consumer protection, privacy or similar laws.
- Intellectual property. If anyone claims the app or your use of it infringes their intellectual property, we, not Apple, are solely responsible for investigating, defending, settling and discharging the claim.
- Legal compliance. You confirm you’re not in a country under a U.S. government embargo or designated as supporting terrorism, and not on any U.S. government list of prohibited or restricted parties.
- Third-party terms. You must follow any third-party terms that apply when you use the app, such as your wireless carrier’s.
- Apple as beneficiary. Apple and its subsidiaries are third-party beneficiaries of these Terms, and once you accept them, Apple may enforce them against you.
Questions, complaints and claims about the app go to us (section 22), not Apple.
13. Our rights in the Someone app
The Someone app, its design, software, personas and content, and the Someone name and logo, belong to us or our licensors. Apart from the licenses in these Terms, you get no rights in them. If you send us feedback or ideas, we may use them without owing you anything.
14. Ending your use
You can stop using the Someone app at any time and delete your account in the app. We may suspend or close your account, or limit features, if you break these Terms, if the law requires it, or to protect people or the Someone app. Where we reasonably can, we’ll tell you why. If we close your account for breaking these Terms, unused Dots and remaining Plus time are lost, except where the law requires otherwise. If we stop offering Someone, we’ll tell you in the app at least 30 days ahead. Sections 7 to 9, 13 and 16 to 21 survive the end of this agreement.
15. Changes
The Someone app will change: we add, change and remove features. We may also update these Terms. If a change to these Terms is material, we’ll tell you in the app at least 30 days before it takes effect, unless it has to happen sooner for legal or safety reasons. Using the Someone app after a change takes effect means you accept it. A change doesn’t apply to a dispute that arose before it; section 19.9 covers changes to the arbitration agreement.
16. Disclaimers
The Someone app is provided “as is” and “as available”. To the fullest extent the law allows, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title and non-infringement. We don’t promise that the Someone app will always be available or free of errors, that personas will match with you or behave in any particular way, or that anything the AI says is accurate, appropriate or complete.
17. Limitation of liability
To the fullest extent the law allows, we won’t be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, data or goodwill, arising out of or related to Someone or these Terms, even if we were told they were possible. Our total liability for all claims arising out of or related to Someone or these Terms is limited to the greater of $100 or what you paid for Someone (through Apple) in the 12 months before the claim arose.
Some states don’t allow these exclusions or limits, so they may not all apply to you. Nothing in these Terms limits liability for fraud, for death or personal injury caused by our negligence, or for anything else the law doesn’t allow us to limit.
18. Indemnity
To the extent the law allows, you’ll compensate us for losses and reasonable costs, including legal fees, from third-party claims that arise from content you share in breach of these Terms or from your breaking these Terms or the law. We’ll tell you about any such claim and let you take part in the defense at your own cost.
19. Disputes and arbitration
Please read this section carefully. It affects your rights.
19.1 Talk to us first
Before either of us starts an arbitration or a small-claims case, the one with the claim must send the other a written notice (a “Notice of Dispute”): you by email to [email protected], and we to you in the app. The notice must describe the claim and the relief wanted, and come from the person with the claim, not only a lawyer. For 60 days after the notice arrives, we’ll both try in good faith to resolve the dispute, including by a call if either of us asks for one. Deadlines for bringing the claim pause during those 60 days. A court may enforce this step.
19.2 Small claims
Either of us may bring an individual claim in small-claims court instead, if it qualifies there and stays there.
19.3 Agreement to arbitrate
Except as section 19.2 allows, any dispute, claim or controversy between you and us arising out of or relating to Someone or these Terms, including how they were formed and whether this agreement is valid or covers a dispute, will be resolved by final and binding individual arbitration, not in court. The arbitrator decides those questions, except that a court decides disputes about sections 19.5, 19.6 and 19.10. Either of us may still ask a court for an order to stop infringement or misuse of intellectual property. The Federal Arbitration Act governs this agreement.
19.4 How arbitration works
The arbitration will be run by the American Arbitration Association (AAA) under its Consumer Arbitration Rules in effect when the arbitration is filed, as changed by this section. If the AAA can’t or won’t run it, we’ll agree on another provider, or a court will choose one. We’ll pay the filing, administrative and arbitrator fees beyond what you would pay to file in court, unless the arbitrator finds your claim frivolous or brought for an improper purpose. Hearings will be by video or phone, or in person in the county where you live if you prefer, as those rules allow. The arbitrator can award any individual relief a court could, under the law that applies, but only for you individually.
19.5 No class actions and no jury
You and we each give up the right to a jury trial, and the right to bring or take part in a class, collective, consolidated or representative action or arbitration. Claims may be brought only individually.
If a claim asks for public injunctive relief and the law doesn’t let that relief be waived, that request will be decided by a court in the venue in section 20 after the individual arbitration ends, and the court case will pause until then.
19.6 Mass arbitration
If 25 or more similar demands are brought against us, or by us, by the same or coordinated lawyers or organizations within 180 days (a “mass filing”):
- Bellwethers first. The claimants’ lawyers and we each choose 10 demands to go forward first, each before a different arbitrator unless we agree otherwise. The other demands aren’t filed or charged fees until those 20 are decided.
- Mediation. After the bellwethers, we’ll mediate the remaining demands together for at least 60 days, and we’ll pay the mediator.
- Batches. Demands not resolved then go forward in batches of up to 100, one arbitrator per batch where the AAA’s rules allow, with each batch filed and paid for once the one before it is decided.
- Deadlines pause for every demand in a mass filing from the time its notice under section 19.1 is sent until its batch is filed.
The AAA’s Mass Arbitration Supplementary Rules apply too; where they conflict with this section, this section controls to the extent the law allows. A court may enforce this section.
19.7 Confidentiality
Except as needed to enforce an award or as the law requires, the arbitration and its result stay confidential.
19.8 Your right to opt out
You can opt out of this arbitration agreement within 30 days after you first agree to these Terms. Email [email protected] with “Arbitration opt-out” in the subject, say that you’re opting out, and include the details we need to find your account; we’ll reply with a quick way to confirm it from the app. Opting out doesn’t change anything else in these Terms, and it doesn’t affect any other arbitration agreement you have with us.
19.9 Changes to this section
If we make a material change to this section, you can reject it by telling us within 30 days of the change, as in section 19.8. If you do, the version you last agreed to keeps applying to you.
19.10 If part of this section doesn’t hold
If a court finds the class-action waiver in section 19.5 unenforceable for a claim, that claim (and only that claim) must go to court, not to class arbitration. If any other part of this section is found unenforceable, the rest still applies. This section survives the end of your use of Someone.
20. Governing law and venue
The laws of Florida govern these Terms, without regard to conflict-of-law rules, and the Federal Arbitration Act governs section 19. Claims that aren’t arbitrated will be brought only in the state or federal courts located in Florida, and you and we agree to those courts’ jurisdiction, except for small-claims cases, which can be brought in the small-claims court of the county where you live.
21. General terms
- Entire agreement. These Terms, the Privacy Policy and any terms shown in the app for a specific feature are the whole agreement between you and us about the Someone app.
- Severability. If any part of these Terms is found unenforceable, it will be enforced as far as the law allows, and the rest stays in effect.
- No waiver. If we don’t enforce a term, we haven’t given up the right to enforce it later.
- Assignment. You can’t transfer these Terms. We may transfer them as part of a merger, acquisition or sale of assets, or by law.
- Things outside our control. We aren’t responsible for delays or failures caused by events beyond our reasonable control.
- Notices. We may send you notices in the app. You agree that notices and agreements made electronically satisfy any requirement that they be in writing.
- California users. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs can be reached in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by phone at (800) 952-5210.
22. Contact us
Someone Dating LLC (being formed). We take legal notices, including a Notice of Dispute, by email: [email protected]. Help with the app, by email: [email protected].