Terms of Service

The short version

Be 13 or older. Don't abuse the service or other people.

Paddle takes your money, not us. They're the merchant of record and they handle refunds and billing support.

Eggs and Diamonds are not money. They have no cash value, can't be transferred, can't be cashed out, and aren't refundable once used. You're licensing them, not buying property.

The characters are AI. They're fiction. Don't rely on what they say.

You can cancel any time. Except for a Love Bird Live character submission covered by section 9, you keep what you wrote; we keep what we made.

DISPUTES GO TO INDIVIDUAL ARBITRATION, NOT COURT, AND NOT A CLASS ACTION. Section 13 explains — including how to opt out within 30 days.

Who you're dealing with

These terms are between you and Fermata, Inc. ("Fermata", "we", "us").

They cover fermata.me, Fermata Composer, Love Bird, Encore, and anything else we point at them. Using any of it means you accept them. If you don't, don't use it.

Your account

You must be at least 13. In the EEA and UK, at least 16, or have a parent's consent where your country allows a lower age.
If you're under 18, you may use Fermata only with the involvement of a parent or guardian who has read these terms and agrees to them on your behalf.
Give us accurate information and keep it current.
Your account is yours. Don't share it, sell it, or let someone else use it.
Keep your password to yourself. Tell us if it gets out.
One person, one account. Don't make a new one to get around a suspension.

Who takes your money

Our order process is conducted by our online reseller Paddle.com. Paddle.com is the Merchant of Record for all our orders. Paddle provides all customer service inquiries and handles returns.

In plain terms: when you buy something on the web, your contract for that purchase is with Paddle, and Paddle's buyer terms apply to it. Billing questions, receipts, and refunds go to Paddle. We never see or store your card number.

Buying through the App Store or Steam? That purchase is with Apple or Valve, under their terms.

What things cost

Item	Price	Notes
Love Bird Pro	$19.99 / month	Auto-renews monthly until you cancel.
500 Eggs	$4.99	One-off. Delivered instantly.
10 Diamonds	$4.99	One-off. Delivered instantly.

Prices are in US dollars and exclude tax. Sales tax or VAT is added at checkout where it applies, and Paddle handles it.

Subscriptions renew automatically at the then-current price until cancelled. Cancel any time — in your account settings, or through Paddle, Apple, or Steam depending on where you bought. Cancelling stops the next charge; you keep your benefits until the end of the period you already paid for.

If we change prices we'll tell you before it affects a renewal.

Eggs and Diamonds

Eggs and Diamonds are not money and are not property. Specifically:

They have no cash value. They cannot be exchanged, redeemed, or cashed out for money or anything of monetary value, by you or by anyone.

They are non-transferable. They cannot be sold, gifted, traded, or moved between accounts, inside or outside the game.

They are non-refundable once used.

You do not own them. We grant you a limited, personal, revocable, non-sublicensable licence to use them inside our games. That licence is all you get.

They exist only inside Fermata games and only while your account does. If your account closes — by you or by us — any unused balance ends with it and is not compensated.

They are not a stored-value instrument, not a payment method, and not a security. They cannot be used anywhere except in our games, and they cannot be used to pay anyone but us.

We may change what things cost in Eggs or Diamonds, and we may add or retire what they buy.

Refunds

Paddle handles refunds as merchant of record, under Paddle's buyer terms. Ask Paddle first — they're quick.

If you're in the EU or UK

You normally have 14 days to withdraw from a purchase of digital content. Because we deliver instantly, that right can lapse — but only if, during checkout, you expressly consent to immediate delivery and acknowledge losing the right. Checkout is operated by Paddle as merchant of record; any such consent is collected there, not by us.

If that consent wasn't collected from you, your 14-day right stands and you get your money back.

Everywhere else

Purchases are final once delivered, except where the law says otherwise — and where it does, the law wins over this paragraph. Nothing here removes a right you have that can't be removed.

Always true

Consumed Eggs and Diamonds are never refundable. Once spent, they're spent.
Cancelling a subscription stops future charges. It doesn't refund the current period.
App Store and Steam purchases follow Apple's and Valve's refund policies, not this one.
We may refund at our discretion. Doing it once doesn't oblige us to do it again.

How to behave

Don't:

Break the law, or use Fermata to hurt or harass someone.
Try to break, overload, reverse-engineer, or get unauthorised access to the service.
Use bots, scrapers, or automation to play, farm currency, or pull our content.
Buy, sell, or trade accounts, currency, or items for real money.
Impersonate anyone, or pretend a character said something it didn't.
Create or share content that glorifies or instructs self-harm, suicide, or eating disorders.
Solicit personal information from anyone under 18.
Upload anything illegal, or anything sexual involving minors — ever.
Use our AI characters to generate content that violates the AI providers' policies.

We can remove content and suspend accounts that break these rules.

AI content

The characters are fictional AI. Not real people, not based on real people, not employees, not professionals.
What they say is generated. It can be wrong, strange, or offensive. It is not advice — not medical, legal, financial, or personal. Don't act on it.
They are not a support service, not a therapist, and not a substitute for professional help. No human is monitoring your conversations in real time.
If you are in crisis or thinking about harming yourself: in the US, call or text 988 (Suicide & Crisis Lifeline). Elsewhere, findahelpline.com lists free, confidential help in your country. Please reach a human — the characters cannot help you with this.
Output isn't unique. Another player may see something similar.
Your conversations go to third-party AI providers to generate replies. Our Privacy Policy names every one.

Your content, our content

Yours

What you write stays yours. You give us a worldwide, non-exclusive, royalty-free licence to host, store, process, and analyse it so we can run the service, generate your story, and improve our games over time — including, in future and only under the safeguards in our Privacy Policy (notice first, de-identification, and your right to opt out), training AI to run better stories. That licence ends when you delete the content — except where we're legally required to keep a record.

Hollywing and Love Bird Live character submissions

This part applies only when you enter your name and email, accept these Terms, and select a submission button such as “Send to Hollywing” or “Send to Love Bird Live.” Building, previewing, or saving a character without taking those steps does not transfer it. The character and everything you submit with or about it — including its name, appearance, design, biography, personality, dialogue, relationships, artwork, images, models, animation, voice or performance direction, and related creative elements — are the “Submitted Character.”

You must be at least 18 and able to enter a contract. You promise that you created the submitted character and materials, or control every right needed to submit and transfer them; that they do not violate anyone's copyright, trademark, privacy, publicity, contract, or other rights; that they are not confidential or subject to another obligation; and that the information you give us is accurate. Do not submit another creator's character or a real person's name, likeness, voice, or personal information unless you have written permission covering the rights below.

Ownership transfers to Fermata. In exchange for Fermata considering the Submitted Character for Hollywing, Love Bird Live, or another Fermata experience, you hereby irrevocably assign, transfer, and convey to Fermata all worldwide right, title, and interest in the Submitted Character, including all copyrights and the rights to register, enforce, license, sell, and otherwise exploit them, for the full term of those rights and every renewal and extension. Fermata may use, reproduce, edit, adapt, rename, combine, portray, perform, display, distribute, publish, advertise, commercialize, license, sell, and create derivative works from the Submitted Character in Hollywing, Love Bird, or any other Fermata or third-party project, in any media now known or later developed, for any lawful purpose.

If any right cannot legally be assigned, you grant Fermata an exclusive, irrevocable, perpetual, worldwide, transferable, sublicensable, fully paid, royalty-free licence to exercise that right for the same purposes, without any licence fee, royalty, approval payment, or other compensation, in perpetuity. To the extent allowed by law, you waive and agree not to assert moral rights, rights of attribution or integrity, and similar rights. If the submission includes your name, likeness, voice, biography, or performance, you also permit Fermata to use and alter those elements with the submission without further approval.

There is no promise of use, payment, credit, confidentiality, or return. Fermata may accept, reject, remove, modify, or stop using a submission. Similar ideas may already exist or may be developed independently. Submitting does not create employment, representation, partnership, or a prize or compensation obligation.

To the extent the law allows, you release Fermata and its affiliates, officers, directors, employees, contractors, licensees, successors, and assigns from claims arising from an authorized use, edit, portrayal, distribution, or exploitation of the submission. You will reimburse and indemnify those parties for reasonable losses, liabilities, damages, judgments, settlements, and legal fees resulting from a third-party claim that the submission, our authorized use of it, or your breach of these promises violates law or another person's rights. We will give you reasonable notice of a covered claim and will not require you to accept a settlement that admits wrongdoing by you without your consent.

Your typed name, email, checked Terms box, and submission click are your electronic signature. You agree to receive the submission receipt, necessary event information, and your character's final outcome by email. Marketing is optional and uses a separate, unchecked choice.

The assignment, fallback licence, permissions, release, promises, indemnity, and provisions needed to enforce them survive account or content deletion and the end of these Terms. Nothing in this section waives a right or liability that applicable law does not allow either of us to waive.

Ours

Fermata, Love Bird, Encore, Composer, the characters, the art, the writing, the code, and the names and logos are ours and stay ours. Using the service doesn't give you rights to any of it.

Ending things

You can stop any time — delete your account in the app. No email, no phone call.

We can suspend or close your account if you break these terms, if we're legally required to, or if we shut the service down. Unless you've done something serious or illegal, we'll give you notice and a chance to get your data out.

If we close the service, we'll give reasonable notice and refund any prepaid, unused subscription time. Unused Eggs and Diamonds are not refunded — see section 5.

Sections 5, 9, 11, 12, 13, 14, and 16 survive the end of these terms.

What we promise

We'll try hard to keep Fermata running well. But the service is provided "as is". We don't promise it will be uninterrupted, error-free, or that AI output will meet your expectations.

To the extent the law allows, we disclaim implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Some places don't allow that, so some of this may not apply to you — and where it doesn't, your rights are untouched.

Limits

To the extent the law allows, we're not liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, data, or goodwill.

Our total liability for any claim is limited to the greater of US $100 or what you paid us in the 12 months before the claim.

Nothing here limits liability for death or personal injury caused by our negligence, for fraud, or for anything else that can't legally be limited.

We are not responsible for a delay or failure caused by events reasonably outside our control, including internet or utility failures, natural disasters, war, civil unrest, labour disputes, government action, or failures of third-party platforms or providers.

Disputes

Talk to us first

Before anything formal, email legal@fermata.me with what went wrong and what you want. We'll try in good faith to fix it within 60 days. Most things end here.

Then: individual arbitration

If we can't fix it, you and Fermata, Inc. agree to resolve the dispute by binding individual arbitration under the American Arbitration Association's Consumer Arbitration Rules, instead of a court trial. The arbitration happens in your county of residence or remotely, and AAA's consumer fee schedule applies — for most claims that means we bear most of the cost.

Small claims stay in small claims. Either of us can use small-claims court instead, for claims that fit there. Nothing in this section stops you from complaining to a consumer-protection agency or a data-protection authority.

No class actions

Disputes are resolved one on one. Neither of us may bring a class, collective, or representative action. If a court finds this waiver unenforceable for a given dispute, this whole arbitration section does not apply to that dispute — it goes to court under the Governing law section instead.

You can opt out

You can reject this arbitration section by emailing legal@fermata.me within 30 days of first accepting these terms, subject line "Arbitration opt-out", from the email on your account. Opting out changes nothing else in these terms.

If you're a consumer in the EU or UK, mandatory local law may let you sue at home regardless of this section — we don't take that away.

For disputes covered by arbitration, you and Fermata waive the right to a court or jury trial to the extent the law allows.

Governing law

These terms are governed by the laws of the State of California, USA, without regard to conflict-of-law rules. Any dispute that is not required to be arbitrated must be brought in the state or federal courts located in Los Angeles County, California, and you and Fermata consent to those courts' jurisdiction.

If you're a consumer, you keep the mandatory protections of the country you live in — this section doesn't take those away.

Changes

We'll update these terms as the product changes. For significant changes we'll give notice before they take effect. Carrying on using Fermata after that means you accept them. If you don't, delete your account.

Other legal details

If a provision is unenforceable, it will be enforced as far as the law permits and the rest will remain in effect. The special rule in the class-action section controls if the class waiver itself is unenforceable.

If either of us delays enforcing a right, that does not waive it. You may not assign these Terms or your account without our written consent. Fermata may assign them as part of a merger, reorganisation, financing, sale of assets, or transfer to an affiliate or successor.

These Terms and any product-specific terms presented to you are the entire agreement between you and Fermata about the service and replace earlier agreements about the same subject. They do not create rights for anyone else. Headings are only for convenience.

Contact

hello@fermata.me
Fermata, Inc.

Billing, receipts, and refunds: contact Paddle — they're the merchant of record.