Last Updated: March 11, 2025
These Terms of Service ("Terms") constitute a legally binding agreement between you, whether personally or on behalf of an entity ("you"), and Somny ("Company," "we," "us," or "our"), concerning your access to and use of the Somny website and application (collectively, the "Service"). By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICE AND MUST DISCONTINUE USE IMMEDIATELY. We reserve the right to make changes to these Terms at any time and for any reason. We will alert you about any changes by updating the "Last Updated" date of these Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to check these Terms periodically for changes. Your continued use of the Service following the posting of revised Terms means that you accept and agree to the changes.
Unless otherwise indicated, the Service is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Service (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws. You are granted a limited license to access and use the Service and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use, unless otherwise specified in these Terms.
By using the Service, you represent and warrant that: (1) All registration information you submit will be true, accurate, current, and complete; (2) You will maintain the accuracy of such information and promptly update such registration information as necessary; (3) You have the legal capacity and agree to comply with these Terms; (4) You are not under the age of 18; (5) You will not access the Service through automated or non-human means; (6) You will not use the Service for any illegal or unauthorized purpose; (7) Your use of the Service will not violate any applicable law or regulation; (8) You have the right and permission to upload any images or content, including images of yourself or others; (9) You understand that AI-generated content may be unpredictable and results cannot be guaranteed.
You will be required to register with the Service. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
You may create a digital Character using the Service by uploading images of yourself or others. By uploading images, you represent and warrant that you have the right to use those images and that they do not violate any third-party rights.
A "Character" on our Service refers to a digital representation created from photos you upload and processed through our AI technology. Each Character is uniquely associated with the individual depicted in the uploaded photos.
You retain ownership of any Characters you create based on your own likeness. However, for Characters created using the likeness of others, you represent and warrant that you have obtained explicit consent from those individuals as detailed in Section 9.
By creating a Character, you grant us a limited, non-exclusive license to process, store, and display the Character within the Service for the purpose of providing our services to you.
At Somny, we understand that users may wish to create characters based on children for legitimate purposes such as family storytelling, educational scenarios, or wholesome interactions. To ensure the safety of all users and to prevent misuse of our platform, we've established the following guidelines for child characters: • Purpose and Intent: Child characters should only be created for appropriate, family-friendly purposes. Examples include educational stories, family narratives, or innocent role-playing scenarios. • Content Restrictions: All interactions with child characters must remain age-appropriate. Any content that sexualizes, endangers, or otherwise exploits child characters is strictly prohibited and will result in immediate account termination. • Parental Consent: If creating a character based on a real child, you must be the child's parent or legal guardian. • Privacy Protection: We recommend against using full real names or identifiable details when creating characters based on actual children. • Monitoring and Oversight: All child characters and their associated interactions are subject to additional monitoring to ensure compliance with these guidelines. • Reporting Concerns: If you encounter any concerning content or behavior involving child characters, please report it immediately through our reporting system.
You may use your personal Character to generate images through our Service for personal and commercial use, subject to the restrictions in these Terms. For Characters based on others' likenesses, usage is restricted according to the consent provided by those individuals.
You may delete your Character at any time. Upon deletion, all associated images and data will be permanently removed from our servers within 30 days.
You may choose to share your Characters with other users of the Service. By doing so, you grant them a limited, non-exclusive license to use the Character for generating images within the Service. You can revoke this permission at any time by changing your sharing settings.
If you choose to share a Character you’ve created with another Somny user (via the Service’s built‑in sharing controls), you hereby grant that user a non‑exclusive, revocable license to use that Character solely to generate images within the Service. This license remains in effect until you revoke permission by disabling sharing in your account settings or otherwise notifying us. Upon revocation, the recipient’s ability to create new images of the shared Character will immediately terminate. Any images generated by the recipient prior to revocation remain subject to these Terms and may continue to be used by the recipient in accordance with these Terms. We take the safety and well-being of children seriously and are committed to maintaining a platform that cannot be used for harm. Violation of these guidelines may result in content removal, account suspension, or legal action where appropriate.
You may not access or use the Service for any purpose other than that for which we make the Service available. As a user of the Service, you agree not to: (1) Systematically retrieve data or content from the Service; (2) Upload or create images that contain explicit sexual content, graphic violence, or illegal activities; (3) Create Characters of minors for inappropriate or adult-themed content; (4) Create Characters of public figures without explicit authorization; (5) Upload images of others without their express consent; (6) Create, use, or share Characters or generated images for deceptive, fraudulent, or harmful purposes; (7) Use the Service to create deepfakes intended to spread misinformation; (8) Circumvent, disable, or interfere with security-related features of the Service; (9) Engage in unauthorized framing of or linking to the Service; (10) Upload or transmit viruses, malware, or other malicious code; (11) Harass, annoy, intimidate, or threaten any of our employees or agents; (12) Copy or adapt the Service's software; (13) Use the Service as part of any effort to compete with us; (14) Impersonate another user or person.
The Service allows you to upload images and create content ("Contributions"). When you create or make available any Contributions, you represent and warrant that: (1) The creation, distribution, transmission, public display, or performance of your Contributions do not and will not infringe the proprietary rights of any third party; (2) You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use your Contributions on the Service; (3) You have the written consent, release, and/or permission of each identifiable individual person in your Contributions; (4) Your Contributions are not false, inaccurate, or misleading; (5) Your Contributions are not unsolicited or unauthorized advertising; (6) Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable; (7) Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone; (8) Your Contributions do not violate any applicable law concerning child pornography or otherwise intended to protect minors; (9) Your Contributions do not include any offensive comments related to race, national origin, gender, sexual preference, or physical handicap; (10) Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms.
By posting your Contributions to the Service, you grant us a non-exclusive, royalty-free, worldwide license to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for the purpose of providing and promoting the Service. You retain all your ownership rights in your Contributions, but you acknowledge that: (1) We have the right to use the AI-trained models that may have been informed by your Contributions; (2) We may showcase generated images in our marketing materials if you explicitly opt in to such usage.
Before uploading any images of another person for Character creation, you must obtain their explicit consent. This consent must: (1) Be informed (the person understands how their likeness will be used); (2) Be specific (clearly stating the purposes for which their Character can be used); (3) Be freely given (without coercion or deception); (4) Be documented (you should maintain a record of this consent).
You must verify that any person whose images you upload is at least 18 years of age. We strictly prohibit the creation of Characters based on minors by any other than the minor’s parent or guardian.
When creating a Character of another person with their consent, you may only use that Character for the specific purposes agreed upon with that person.
Our Service processes biometric identifiers such as facial features derived from the photos you upload. We commit to: Only using this data for the specific purposes outlined in our privacy policy Implementing appropriate security measures to protect this sensitive information Not selling or sharing your biometric data with third parties Providing clear information about how long we retain this data By using our Service, you consent to: (1) The processing of biometric data for the purpose of Character creation; (2) The storage of this data for as long as your account is active; (3) The deletion of this data within 30 days of account closure.
We retain the right to: (1) Use uploaded images and generated content to improve our AI models; (2) Store your Characters and generated images for as long as your account is active; (3) Delete all your data within 30 days of account closure.
Our Privacy Policy, available at http://somny.com/privacy, is incorporated into these Terms by reference.
We reserve the right, but not the obligation, to: (1) Monitor the Service for violations of these Terms; (2) Take appropriate legal action against anyone who violates these Terms; (3) Refuse, restrict access to, limit the availability of, or disable any of your Contributions; (4) Remove from the Service or otherwise disable content that is excessive in size or burdensome to our systems; (5) Otherwise manage the Service in a manner designed to protect our rights and property and to facilitate the proper functioning of the Service.
These Terms shall remain in full force and effect while you use the Service. We reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Service to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these Terms or of any applicable law or regulation. We may terminate your account and delete all Contributions and Characters if your account has been inactive for more than 12 months.
Due to the nature of digital products and AI-generated content, we generally do not offer refunds once a service has been used. The outcomes generated by our AI technology are inherently unpredictable and results cannot be guaranteed to meet specific expectations. Refunds may be considered in the following limited circumstances: (1) A purchase was made but no service was used; (2) The Service was unavailable for an extended period; (3) Technical issues prevented the generation of any images. For any technical issues or questions regarding the product, please contact us at support@somny.com.
We reserve the right to change, modify, or remove the contents of the Service at any time or for any reason at our sole discretion without notice. We have no obligation to update any information on our Service. We cannot guarantee the Service will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Service, resulting in interruptions, delays, or errors.
These Terms shall be governed by and defined following the laws of the state of Tennessee. Somny and yourself irrevocably consent that the courts of the state of Tennessee shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these Terms.
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms, you and Somny agree to first attempt to negotiate any dispute informally for at least thirty (30) days before initiating any arbitration or court proceeding.
If you and Somny cannot find a resolution by informal negotiation, any dispute arising from the relationship between the parties shall be resolved by final and binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted by a single arbitrator. The seat of arbitration shall be Tennessee, USA, and the arbitration shall be conducted in English. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.
THE SERVICE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICE WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICE'S CONTENT OR THE CONTENT OF ANY WEBSITES OR APPLICATIONS LINKED TO THE SERVICE, AND WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS, MISTAKES, OR INACCURACIES.
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) Your use of the Service; (2) Breach of these Terms; (3) Any breach of your representations and warranties set forth in these Terms; (4) Your violation of the rights of a third party, including but not limited to intellectual property rights; (5) Any harm caused to any person as a result of your creation or use of Characters; (6) Any improper or unauthorized use of another person's likeness.
We will maintain certain data that you transmit to the Service for the purpose of managing the performance of the Service, as well as data relating to your use of the Service. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Service. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
Visiting the Service, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communication be in writing.
We use cookies and similar tracking technologies to enhance your experience with Somny. Cookies help us recognize your device, maintain your login session, understand how you interact with our platform, and improve performance and personalization. Types of Cookies We Use: • Essential Cookies: Required for core site functionality, such as account login and session management. • Analytics Cookies: Help us understand how users engage with Somny so we can improve the platform. • Preference Cookies: Remember your settings and preferences to provide a more customized experience. • Third-Party Cookies: May be set by analytics providers or service tools we use to operate and optimize our services. You can manage your cookie preferences through your browser settings. Most browsers allow you to block or delete cookies, though some site features may not function properly if cookies are disabled. For any questions about our cookie usage, feel free to contact us at support@somny.com.
You may delete your account at any time through the account settings within the Service. Deleting your account will result in the permanent removal of your profile, Characters, generated content, and all associated personal data from our systems within 30 days, unless retention is required for legal or regulatory purposes. Once deletion is initiated, you will no longer be able to access your account or retrieve any associated content. If you need assistance, you may also contact us at support@somny.com.
These Terms constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms or use of the Service.
In order to resolve a complaint regarding the Service or to receive further information regarding use of the Service, please contact us at support@somny.com