Terms of Service for MySummoning

Last Updated: April 17, 2025

IMPORTANT DISCLAIMER: MySummoning is an artistic and entertainment application only. The App provides AI-generated content that simulates interactions with fictional "spirit guides." All responses, guidance, rituals, and other content generated through the App are works of fiction created by artificial intelligence and should not be mistaken for factual information, spiritual or religious doctrine, or professional advice of any kind.

WE EXPRESSLY DISCLAIM ALL LIABILITY for any actions taken or decisions made based on the content generated by the App. Do not use this App for making important life, health, financial, legal, or other significant decisions.

1. Acceptance of Terms

Welcome to MySummoning! These Terms of Service ("Terms") constitute a legally binding agreement between you and Kevin Heavey, a fine artist operating under the pseudonym kevtest.org ("we," "us," or "our") governing your access to and use of the MySummoning mobile application (the "App"), including any content, functionality, and services offered through the App.

By downloading, accessing, or using the App, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, please do not access or use the App.

2. Artistic and Entertainment Purposes Only

MySummoning is an artistic and entertainment application only. The App is a creative work that expresses artistic concepts through technological means. The App does not connect users with real supernatural entities, and all content is AI-generated fiction. The App should not be used as a source of factual information, spiritual guidance, or professional advice.

3. Description of Service

MySummoning is a mobile application that allows users to:

Engage in text-based conversations with AI-powered simulations of spirit guides
Participate in group chats with multiple AI spirit personas
Receive AI-generated daily guidance messages
Request fictional rituals and save personal "spell intentions"

The App requires users to:

Sign in using a Google account
Provide their own Google Gemini API key to enable core functionalities

4. Eligibility

The App is intended for users who are 18 years of age or older. By using the App, you represent and warrant that you are at least 18 years old and that you have the right, authority, and capacity to enter into these Terms and to abide by all of the terms and conditions set forth herein.

5. Account Requirements

5.1 Google Account

To use the App, you must sign in with a Google account. Your use of Google's services is subject to Google's Terms of Service and Privacy Policy.

5.2 Google Gemini API Key

To enable the core functionality of the App, you must obtain and provide your own Google Gemini API key. You are responsible for:

Obtaining the API key directly from Google
Securing your API key and not sharing it with others
Any costs, limitations, or quotas associated with your API key
Complying with Google's terms for the use of their Gemini API

We do not provide an API key and are not responsible for any issues related to API key quotas, limitations, or costs imposed by Google.

6. User Responsibilities and Conduct

By using the App, you agree to:

Provide accurate information when setting up your account
Maintain the security of your Google account and API key
Use the App only for entertainment and personal reflection purposes
Not use the App for any unlawful purpose or in violation of any applicable laws
Not attempt to access or modify the App's code or circumvent its security measures
Not use the App to harm, harass, or deceive others
Not use the App to generate content that is harmful, abusive, violent, or otherwise objectionable

7. Intellectual Property Rights

7.1 App Content

The App and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by kevtest.org, its licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

MySummoning is an original artistic creation and expression. The spirit guide personas, their visual representations, narratives, and the conceptual framework of the App are protected creative works. The App represents the artistic vision and creative expression of Kevin Heavey, a fine artist, and is protected under applicable copyright and intellectual property laws.

7.2 User-Generated Content

You retain ownership of the content you create or provide through the App, such as messages you send to spirit guides and saved "spell intentions." However, by creating or providing content through the App, you grant us a non-exclusive, royalty-free, worldwide license to use, store, and display that content as necessary to provide and maintain the App.

7.3 AI-Generated Content

The responses and content generated by the AI through the App are subject to the intellectual property rights and terms of service of Google and its Gemini API. Your ability to use, reproduce, or share such content may be limited by those terms.

7.4 Copyright Protection

The unique combination of visual design, character concepts, narratives, and artistic direction of MySummoning constitutes a protected work. All rights not expressly granted to you are reserved by kevtest.org. Unauthorized reproduction, distribution, or commercial exploitation of the App's artistic elements is strictly prohibited and may result in legal action.

8. API Usage and Limitations

IMPORTANT: The App relies on your personal Google Gemini API key, which has usage quotas and limitations imposed by Google. You may experience service interruptions or limitations if you exceed your free tier limits or if there are issues with Google's services.

WE TAKE NO RESPONSIBILITY FOR ANY ISSUES, COSTS, OR LIMITATIONS related to your API key usage. This includes, but is not limited to: reaching API quotas, incurring charges beyond free tier limits, service unavailability, or changes to Google's API terms and pricing.

9. Notifications and Communications

If you enable the Daily Guidance feature, the App will send you local notifications on your device according to your preferences. You can manage or disable these notifications through the App settings or your device settings at any time.

10. Third-Party Services and Links

The App incorporates or uses third-party services, including Google Sign-In and the Google Generative AI (Gemini) API. Your use of these services is subject to their respective terms of service and privacy policies. We do not control and are not responsible for the content, privacy policies, or practices of any third-party services.

11. Disclaimers

IN ADDITION TO THE ENTERTAINMENT PURPOSES DISCLAIMER ABOVE:

THE APP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PROVIDED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that the App will be uninterrupted, secure, or error-free, that defects will be corrected, or that the App is free of viruses or other harmful components.

12. Limitation of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL WE, OUR AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE APP.

THIS INCLUDES BUT IS NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THIS INCLUDES, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM RELIANCE ON AI-GENERATED CONTENT FROM THE APP FOR HEALTH, FINANCIAL, LEGAL, OR OTHER IMPORTANT DECISIONS.

13. Indemnification

You agree to defend, indemnify, and hold harmless kevtest.org, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the App.

14. Termination

We may terminate or suspend your access to the App immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach these Terms.

Upon termination, your right to use the App will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

15. Changes to Terms

We may revise and update these Terms from time to time at our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the App thereafter.

Your continued use of the App following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

16. Governing Law and Jurisdiction

These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action, or proceeding arising out of, or related to, these Terms or the App shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country.

17. Waiver and Severability

No waiver by us of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

18. Entire Agreement

These Terms and our Privacy Policy constitute the sole and entire agreement between you and kevtest.org regarding the App and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the App.

19. Contact Us

If you have any questions about these Terms, please contact us at:
support@kevtest.org