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OTHERWHERE

Terms of Service

Last updated: May 24, 2026

Who We Are

These Terms of Service (“Terms”) are a legal agreement between you and Elsefield Pty Ltd (ACN 686021090) (“we”, “us”, or “our”). They govern your use of the Otherwhere mobile application (iOS and Android) and the website at otherwhere.ai (together, the “Service”).

Acceptance of Terms

By accessing or using the Service, you agree to be bound by these Terms, our Privacy Policy, and our Cookies Policy. If you disagree with any part, you may not use the Service.

Age Requirements

  • You must be at least 13 years old to use the Service.
  • You must be at least 17 years old to access mature-rated content (enabled via an in-app toggle with age verification).
  • If you are under 18, you represent that you have your parent or guardian’s permission to use the Service.

Account

You may create an account by signing in with Google or Apple. You are responsible for:

  • Maintaining the security of your account and device
  • All activity that occurs under your account
  • Notifying us immediately if you suspect unauthorised access

You may not create or use multiple accounts to abuse promotions, evade enforcement, or circumvent usage limits or safety controls.

The Service

Otherwhere is an AI-powered interactive fiction platform. The Service includes:

  • Playing: Exploring AI-generated narrative worlds on your device
  • Creating: Building and publishing worlds for other users to discover (available to eligible subscription tiers)
  • Subscribing: Optional paid subscriptions for additional features and virtual currency, billed through Apple App Store or Google Play Store

Features, AI models, and content-generation capabilities may change, be updated, rate-limited, or become temporarily unavailable from time to time. We will endeavour to provide notice of material changes where practicable.

AI-Generated Content

The Service uses artificial intelligence to generate narrative content, images, and game responses. You acknowledge that:

  • AI-generated content is not human-authored and may contain errors, inconsistencies, inaccuracies, or unexpected material
  • AI-generated content does not represent the views, opinions, or endorsement of Elsefield Pty Ltd
  • We implement content safety measures including content rating systems, AI moderation, and image screening, but cannot guarantee all AI output will be appropriate for all audiences
  • AI-generated content is not professional advice — it should not be relied upon for medical, legal, financial, or other professional guidance
  • We accept no liability for decisions or actions you take based on AI-generated content

User-Generated Content

Ownership

When you create and publish worlds, stories, or other content through the Service (“User Content”), you retain ownership of your original creative work.

License Grant

By publishing User Content, you grant Elsefield Pty Ltd a non-exclusive, royalty-free, transferable, sub-licensable, worldwide, irrevocable license to host, store, display, reproduce, distribute, and promote your User Content in connection with the Service. This license is necessary for us to operate the catalog, distribute your content to players, maintain cached and downloaded copies, and feature content in promotional materials.

This license survives deletion of your account to the extent copies have been distributed to or cached by other users. You may remove your User Content from the public catalog at any time by archiving or deleting it, but previously downloaded copies may remain on other users’ devices.

Content Rating System

All published worlds receive an AI-generated content rating at publish time:

  • Everyone: Suitable for all ages
  • Teen: May contain mild violence or themes suitable for ages 13+
  • Mature: May contain strong themes, violence, or sexual content (17+)

Creators may override the assigned rating upward only (e.g., Teen to Mature). Downward overrides are not permitted. You may not intentionally misrepresent the content rating of your worlds.

Prohibited Content

You may not publish or generate content that:

  • Depicts, promotes, or solicits child sexual abuse material (CSAM)
  • Promotes, glorifies, or provides instructions for self-harm or suicide
  • Contains real-world personal information of others without their consent (doxxing)
  • Promotes terrorism, violent extremism, or incites violence against individuals or groups
  • Is illegal under Australian law or the law of your jurisdiction
  • Circumvents or attempts to circumvent content safety systems

Moderation

We employ a combination of AI content rating at publish time, AI image moderation, and user reporting to enforce these standards. We may use automated signals, user reports, and other indicators to flag content for review. We reserve the right to remove content and suspend accounts that violate these rules without prior notice.

Prohibited Conduct

You agree not to:

  • Violate any applicable law or regulation
  • Reverse engineer, decompile, or disassemble any part of the Service
  • Use bots, scrapers, or automated tools to access the Service
  • Circumvent or attempt to circumvent content safety measures, age restrictions, or access controls
  • Harass, threaten, or abuse other users
  • Impersonate any person or entity
  • Distribute malware, viruses, or other harmful code through the Service
  • Use the Service for any commercial purpose not authorised by us
  • Create or use multiple accounts to abuse promotions, evade enforcement, or circumvent limits
  • Attempt to access another user’s account or data
  • Use the Service to generate content for the purpose of harming, defrauding, or misleading others

Subscriptions & Virtual Currency

Billing

Paid subscriptions are billed through Apple App Store or Google Play Store. Billing terms, renewal, and cancellation are governed by the respective app store’s policies. Subscriptions auto-renew unless cancelled before the end of the current billing period.

Virtual Currency

The Service may include virtual currency (such as “Credits”) that can be earned or purchased. Virtual currency:

  • Has no real-world monetary value
  • Cannot be exchanged for cash or transferred between accounts
  • Is non-refundable except as required by applicable law
  • May be modified or discontinued at our discretion

Pricing Changes

We may change subscription pricing or virtual currency pricing with at least 30 days’ notice. Existing subscribers will be notified before any price increase takes effect.

Refunds

Refund requests for subscriptions should be directed to Apple App Store or Google Play Store in accordance with their refund policies.

Intellectual Property

The Service, including its design, code, branding, visual assets, and proprietary technology, is owned by Elsefield Pty Ltd and protected by intellectual property laws. You may not copy, modify, or distribute any part of the Service except as expressly permitted by these Terms.

If you believe content on the Service infringes your copyright, please contact us at support@otherwhere.ai with:

  • A description of the copyrighted work you claim has been infringed
  • The location of the infringing material within the Service
  • Your contact information
  • A statement that you have a good-faith belief the use is not authorised
  • A statement, under penalty of perjury, that the information is accurate and you are the copyright owner or authorised to act on their behalf

We will respond to valid complaints in accordance with applicable law, including the DMCA and Australian Copyright Act 1968.

Indemnification

You agree to indemnify, defend, and hold harmless Elsefield Pty Ltd, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to:

  • Your use of the Service
  • Your User Content
  • Your violation of these Terms
  • Your violation of any third party’s rights

Disclaimer of Warranties

The Service is provided “AS IS” and “AS AVAILABLE” without warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not guarantee that:

  • The Service will be uninterrupted, timely, secure, or error-free
  • AI-generated content will be accurate, complete, or meet your expectations
  • Defects will be corrected

Australian Consumer Law: Nothing in these Terms excludes, restricts, or modifies any rights or remedies you may have under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010) that cannot be excluded, restricted, or modified by agreement.

Limitation of Liability

To the maximum extent permitted by applicable law, Elsefield Pty Ltd’ total aggregate liability for any claims arising from or related to your use of the Service shall not exceed the greater of:

  • The total amount you paid to us for the Service in the 12 months preceding the claim, or
  • AUD $100

In no event shall Elsefield Pty Ltd be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, or goodwill.

Australian Consumer Law: This limitation does not apply to liability that cannot be limited under the Australian Consumer Law. Where our liability cannot be excluded but can be limited, our liability is limited to, at our option, re-supplying the services or paying the cost of having the services re-supplied.

Dispute Resolution

Informal Resolution

Before initiating any formal proceedings, you agree to contact us at support@otherwhere.ai and attempt to resolve any dispute informally for at least 30 days.

Governing Law & Jurisdiction

These Terms are governed by the laws of Victoria, Australia. Any disputes that cannot be resolved informally shall be submitted to the exclusive jurisdiction of the courts of Victoria, Australia.

United States Users

If you are a resident of the United States, nothing in these Terms limits any rights you may have under applicable state consumer protection laws.

Termination

We may suspend or terminate your account at any time if you violate these Terms, including publishing prohibited content, engaging in prohibited conduct, or abusing the Service. We will endeavour to provide notice where practicable, but reserve the right to act immediately where necessary to protect the Service or other users.

Upon termination:

  • Your right to use the Service ceases immediately
  • Local data remains on your device
  • Cloud data may be retained briefly for legal compliance, then deleted
  • You may delete your account and associated cloud data at any time from within the app

The following sections survive termination: User-Generated Content (License Grant), Intellectual Property, Indemnification, Disclaimer of Warranties, Limitation of Liability, Dispute Resolution, and General Provisions.

General Provisions

  • Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions remain in full force and effect.
  • Entire agreement: These Terms, together with the Privacy Policy and Cookies Policy, constitute the entire agreement between you and Elsefield Pty Ltd regarding the Service.
  • Waiver: Our failure to enforce any provision does not constitute a waiver of that provision.
  • Assignment: We may assign our rights and obligations under these Terms. You may not assign yours without our written consent.
  • Force majeure: We are not liable for delays or failures caused by circumstances beyond our reasonable control, including natural disasters, war, pandemic, or infrastructure failures.

Contact Us

If you have questions about these Terms: