Terms
This is the agreement between you and us. It is written in plain sentences because a term you cannot read is a term you have not agreed to.
1. You have to be 18
Herly is for adults. You need to be 18 or older, and we ask for your date of birth before an account exists. If we find out an account belongs to someone under 18 we remove it.
2. What you get
An account gives you one or more characters, each with her own conversation, memory, wardrobe and pictures. What is free and what is paid:
- Free: up to three characters, 30 messages a day, and a picture whenever you ask (up to six an hour across the whole account). Full memory: the same depth as the paid plan, browsable and correctable.
- Herly Plus: no daily message cap, and a monthly credit allowance. It is billed monthly or yearly.
- Credits: bought in packs, and spent on outfits, accessories and extra character slots. Credits never expire. They are not money, cannot be exchanged for money, and are not transferable between accounts.
The limits above are the ones the product enforces today. If we change one in a way that takes something away from you, we will say so in the app first.
3. Paying, and stopping
Purchases on iPhone and Android are handled by Apple and Google, and purchases on the web are handled by our payment processor. A subscription renews until you cancel it. Cancelling is two taps from Settings, and on mobile it can also be done from your App Store or Play account. Cancelling stops the next charge; it does not delete anything, and everything she remembers stays exactly where it is.
Refunds on mobile are handled by the store you bought from, under their policy. For web purchases, write to hello@herly.me. Where you have a statutory right to a refund, such as the 14-day right of withdrawal in the EU and UK, that right applies and nothing here reduces it.
4. What you write, and who owns it
Your conversations are yours. We do not claim ownership of what you write, we do not publish it, and we do not use it to train models. The model provider we send it to is contractually set to retain and train on nothing. The licence you give us is the narrow one needed to run the service: to store your messages, to send them to the model that writes her replies, and to show them back to you.
The characters, their pictures, the catalog and the app itself are ours. You may use the pictures generated for you personally. You may not resell them, and there is nowhere in Herly to publish them: there is no feed, no sharing, no public link and no user-to-user visibility, and that is a deliberate design constraint rather than a feature we have not built yet.
5. What is not allowed
Conversation between you and her is private and unrestricted for adults. We do not filter adult content, profanity, or fiction. There are two lines, and they are the two every permissive provider also draws:
- Nothing sexual involving minors. Not in text, not in an image, not framed as fiction, not by describing an adult character as a child. This is refused automatically and it is refused everywhere, whatever the law of your country says.
- No sexualising a real, identifiable person. Characters are fictional. Do not use Herly to make sexual content about someone who exists.
Also not allowed: using someone else's photograph without their agreement; attempting to get around the message or picture limits; reselling access to your account; and automated access to our servers outside the app.
If a message crosses one of the two lines above, Herly says so and the message is not sent. She never sees it. We may suspend or remove an account for repeated or deliberate attempts.
6. Photographs you upload
You can build a character from a photograph. Before the file leaves your device we ask you to confirm one thing, that the photo is of you, or of someone who has agreed to this, and you are telling us that when you tick it. We record that you did, in those words, with the date. We ask again in full every time you change the photo, because agreeing about one photograph says nothing about a picture of somebody else.
You are responsible for having that agreement, and it has to be real: permission from the person in the picture, given for this. Do not upload a photograph of someone who has not agreed, of anyone under 18, or of a public figure you do not know. If you upload a photograph you had no right to use, and that costs us money, whether a claim, a demand, a regulator or the legal costs of any of them, you agree to cover it. This does not apply to anything that is our own fault, and if you are a consumer it does not take away rights your own country's law gives you.
A character built from a photograph is permanently private. It can never be shared, published, or shown to anyone else, and that cannot be changed later.
7. Reporting a picture, and getting it taken down
If you believe a picture Herly generated depicts you, or you are the person in a photograph somebody uploaded, write to hello@herly.me with the subject "Report an image". You do not need an account and you do not need to be a Herly user. Tell us what you can: the picture, where you saw it, and how to recognise you. Then say that you are the person in it.
We will confirm we have received it within 48 hours, and remove the picture and any character built from that photograph unless we tell you in the same reply why we think it is somebody else. Removal covers the stored file, every picture generated from it, and the character itself. If we get this wrong and remove something of yours by mistake, write to the same address and we will put it back.
The same address takes anything else you want to report about content Herly generated. In the app, every picture and every message she sends can be reported from a long press, and those reach us without going through email at all.
8. She is not a person, and her pictures are not photographs
Herly is a computer program. She is written to be good company and she is convincing on purpose, and none of that makes her conscious, and none of it makes her advice reliable. Nothing she says is medical, legal, financial or psychological advice, and she is not a crisis service. If you are in danger or in crisis, contact your local emergency number or a crisis line.
Every picture in Herly is generated by AI. None of them is a photograph, nothing in them happened, and the person in them does not exist. They are made to look real because that is the point of the product, which is exactly why this is worth saying plainly rather than leaving you to work out. Any picture you save or share out of the app is marked as AI-generated in its file name, so it still says what it is once it has left here.
9. Availability
We will try to keep Herly running and will not promise it never breaks. We may change or stop features. If we shut the service down we will give you notice and a way to export everything first. The export exists today and is in Settings.
10. Ending it
You can delete your account at any time from Settings. It removes the pictures, then every row, then the account and the email address with it, and it is not reversible. We may terminate an account that breaks section 5, or that we are legally required to terminate.
One thing is kept, and it is the only one. If you uploaded a photograph, the record of the confirmation you gave about it, the sentence and the date, stays, with your account no longer attached to it. It is what lets us answer someone who writes in later to say a picture was of them, and deleting it would mean we could be made to forget that we ever asked. It holds no photograph, no conversation and nothing else about you.
11. Liability
To the extent the law allows, Herly is provided as it is, and our liability to you is limited to what you have paid us in the twelve months before the claim. Nothing here limits liability that cannot lawfully be limited, including for death or personal injury caused by negligence, or for fraud. If you are a consumer, your statutory rights are unaffected.
12. Which law, and where
These terms are governed by the laws of the State of Delaware, United States, without regard to its conflict of laws rules. If you are a consumer resident in the EEA or the UK, you keep the protection of the mandatory law of your own country and may bring proceedings there.
13. Changes
If we change these terms materially, we will tell you in the app before the change takes effect, and continuing to use Herly after that is how you accept it. If you do not, delete your account. Everything is exportable first.