Simply a Friend
We are Nathan McDonald, doing business as Simply a Friend ("Company," "we," "us," "our"), registered in Maine, United States at 433 Centre Road, Wales, ME 04280.
We operate the website https://www.simplyafriend.com (the "Site"), as well as any other related products and services that refer or link to these legal terms (collectively, the "Services").
Simply a Friend is an AI pen pal subscription service that delivers personalized, heartfelt letters written by AI, sent by email or physical post. Our mission is to help lonely people feel less alone and, over time, connect willing subscribers with real human pen pals.
You can contact us by phone at (401) 684-2611, by email at support@simplyafriend.com, or by mail at 433 Centre Road, Wales, ME 04280, United States.
These Legal Terms constitute a legally binding agreement between you and Nathan McDonald concerning your access to and use of the Services. By accessing the Services, you confirm that you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE, YOU MUST DISCONTINUE USE IMMEDIATELY.
We will provide you with prior notice of any scheduled changes to the Services. The modified Legal Terms become effective upon posting or notification via support@simplyafriend.com. By continuing to use the Services after changes take effect, you agree to be bound by the modified terms.
The Services are intended for users who are at least 18 years old. Persons under 18 are not permitted to use or register for the Services.
2. Intellectual Property Rights
9. User Generated Contributions
11. Third-Party Websites and Content
15. Modifications and Interruptions
24. California Users and Residents
The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction where such distribution or use would be contrary to law or regulation. Those who access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws.
The Services are not designed to comply with industry-specific regulations such as HIPAA or FISMA. If your interactions would be subject to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
We are the owner or licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks"). Our Content and Marks are protected by copyright and trademark laws in the United States and around the world, and are provided "AS IS" for your personal, non-commercial use only.
Subject to your compliance with these Legal Terms, we grant you a non-exclusive, non-transferable, revocable license to access the Services and 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.
No part of the Services, Content, or Marks may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, or otherwise exploited for any commercial purpose without our express prior written permission. Requests may be sent to support@simplyafriend.com. Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.
By sending us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submission. You are solely responsible for your Submissions and expressly agree to reimburse us for any losses arising from your breach of this section, any third party's intellectual property rights, or applicable law.
By using the Services, you represent and warrant that: (1) you have the legal capacity and agree to comply with these Legal Terms; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Services through automated or non-human means; (4) you will not use the Services for any illegal or unauthorized purpose; and (5) your use of the Services will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any current or future use of the Services.
All products are subject to availability. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.
We accept the following forms of payment: Visa, Mastercard, American Express, and Discover.
You agree to provide current, complete, and accurate purchase and account information for all purchases. You further agree to promptly update account and payment information, including email address, payment method, and card expiration date. All payments shall be in US dollars. Sales tax will be added to the price of purchases as required by applicable law.
You authorize us to charge your chosen payment provider for all amounts due. We reserve the right to correct any errors in pricing, even after payment has been requested or received. We reserve the right to refuse any order at our sole discretion.
Your subscription will continue and automatically renew unless canceled. You consent to our charging your payment method on a recurring monthly basis without requiring your prior approval for each charge, until you cancel.
You may cancel your subscription at any time at simplyafriend.com/manage or by emailing support@simplyafriend.com — no questions asked. Your cancellation will take effect at the end of the current paid term.
We may, from time to time, make changes to the subscription fee and will communicate any price changes to you in accordance with applicable law.
All sales are final and no refund will be issued. If you are unsatisfied with our Services, please contact us at support@simplyafriend.com and we will do our best to make it right.
You may not access or use the Services for any purpose other than that for which we make the Services available. As a user of the Services, you agree not to:
The Services do not offer users the ability to submit or post public content. Any information or personal details you share with us through onboarding or correspondence will be treated in accordance with our Privacy Policy. By sharing any information, you represent and warrant that it is accurate, not misleading, and does not violate the rights of any third party.
You and the Services agree that we may access, store, process, and use any information and personal data you provide in accordance with the terms of the Privacy Policy and your choices. By submitting suggestions or other feedback regarding the Services, you agree that we can use and share such feedback for any purpose without compensation to you. You retain full ownership of all information and content you provide.
The Services may contain links to third-party websites or content. Such third-party websites and content are not investigated, monitored, or checked for accuracy by us, and we are not responsible for any third-party websites accessed through the Services or any third-party content posted on or available through the Services. Inclusion of or linking to any third-party content does not imply our approval or endorsement thereof.
We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who violates the law or these Legal Terms; (3) refuse, restrict access to, limit the availability of, or disable any of your content or contributions; and (4) otherwise manage the Services in a manner designed to protect our rights and property and facilitate the proper functioning of the Services.
We care about data privacy and security. Please review our Privacy Policy at simplyafriend.com/privacy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. The Services are hosted in the United States. If you access the Services from any other region, you expressly consent to have your data transferred to and processed in the United States.
These Legal Terms shall remain in full force and effect while you use the Services. WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES TO ANY PERSON FOR ANY REASON, INCLUDING FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE ANY CONTENT OR INFORMATION AT ANY TIME, WITHOUT WARNING.
If we terminate or suspend your account for any reason, you are prohibited from registering a new account under your name or any other name. We reserve the right to take appropriate legal action, including pursuing civil, criminal, and injunctive redress.
We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. We cannot guarantee the Services will be available at all times. We have no liability for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance.
For subscribers receiving physical letters by post, delivery is fulfilled through third-party postal carriers including USPS and international postal services. We are not responsible for delays, loss, or non-delivery caused by postal carriers, incorrect addresses provided by the subscriber, or circumstances beyond our reasonable control. If a physical letter is not received, please contact us at support@simplyafriend.com and we will do our best to resolve the issue.
These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of Maine, without regard to its conflict of law principles.
The parties agree to first attempt to negotiate any dispute informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one party to the other.
If the parties are unable to resolve a dispute through informal negotiations, the dispute will be finally and exclusively resolved by binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association (AAA), including where appropriate the AAA's Supplementary Procedures for Consumer Related Disputes. The arbitration will take place in Maine, United States. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so.
Any arbitration shall be limited to the dispute between the parties individually. No arbitration shall be joined with any other proceeding, and there is no right or authority for any dispute to be arbitrated on a class-action basis or brought in a purported representative capacity.
The following disputes are not subject to arbitration: (a) disputes seeking to enforce or protect intellectual property rights; (b) disputes related to allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) claims for injunctive relief.
There may be information on the Services that contains typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice.
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT. WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS; ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; OR ANY BUGS, VIRUSES, OR TROJAN HORSES TRANSMITTED THROUGH THE SERVICES BY ANY THIRD PARTY.
The Services are for companionship and entertainment purposes only and do not constitute medical, psychological, therapeutic, or any other professional advice. Simply a Friend is not a crisis intervention service. If you or someone you know is experiencing a mental health emergency, please contact a qualified professional or call 988 (Suicide & Crisis Lifeline) immediately.
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 SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to defend, indemnify, and hold us harmless, including our officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees, arising out of: (1) your use of the Services; (2) breach of these Legal Terms; (3) any breach of your representations and warranties; (4) your violation of the rights of a third party, including intellectual property rights; or (5) any overt harmful act toward any other user of the Services.
We will maintain certain data that you transmit to the Services for the purpose of managing the Services and your use of them. Although we perform routine backups, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. We shall have no liability to you for any loss or corruption of any such data.
Visiting the Services, 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. You hereby waive any rights or requirements under any statutes or regulations which require an original signature or delivery or retention of non-electronic records.
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210 or (916) 445-1254.
These Legal Terms and any policies or operating rules posted by us on the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. If any provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Legal Terms or use of the Services.
Simply a Friend uses artificial intelligence to write personalized letters on behalf of the service. By subscribing, you acknowledge and agree that the letters you receive are generated by an AI system, not written by a human. We are always honest about this. The use of AI does not diminish the care and personalization put into every letter.
We make the following commitments to every subscriber:
One-click cancellation. You may cancel your subscription at any time at simplyafriend.com/manage with no friction, no guilt, and no retention tactics.
Renewal reminders. You will receive an email at least 3 days before every recurring charge.
Your data is yours. We will never sell your personal information or show you advertisements.
No surprise upgrades. We will never automatically move you to a higher-priced plan.
Data Dignity. The stories and details you share with us will never be used to train AI models for any third party.
Data Preservation. Your data is kept indefinitely unless you explicitly request deletion at simplyafriend.com/your-data.
To resolve a complaint regarding the Services or to receive further information, please contact us at:
Nathan McDonald, doing business as Simply a Friend