Terms of Service

Subscriptions and Promotions

Some parts of the Services are available for free, but access to certain enhanced features—such as premium AI characters, additional message limits, or other advanced interaction tools—requires a paid subscription or the purchase of virtual coins ("Coins"). When you choose to subscribe or make an in-app purchase, you authorize us and our third-party payment partners, including the Apple App Store, Google Play Store, Stripe, or other authorized processors, to charge your selected payment method for the applicable fees.

From time to time, we may offer promotional discounts, limited-time offers, or other special campaigns ("Promotions") related to subscriptions, Coins, or other paid features. All Promotions are subject to our discretion, and we reserve the right to modify, suspend, or terminate any Promotion at any time without prior notice. The interpretation and application of any Promotion are at our sole discretion, and we are not liable for any misunderstandings or disputes arising from such Promotions.

Managing and Canceling Subscriptions

If you purchase a subscription, it will automatically renew at the end of each billing cycle (for example, monthly or yearly) unless you cancel it in advance. You can manage or cancel your subscription at any time: subscriptions purchased through third-party account providers (such as Google or Gmail) or Stripe can be canceled through your account on the Platform or by contacting our support team. Canceling stops future charges, but previously paid fees are non-refundable, and you will retain access to premium features until the end of the current billing period. Depending on your jurisdiction and applicable consumer protection laws, you may have the right to request a refund or cancellation within a certain period after purchase. Any such requests should be made in accordance with the procedures of the payment provider or Platform.

Coins

Coins may be purchased and used to unlock premium AI companions, buy additional message packs or conversation rounds, or access other paid features within the Platform. Prices for Coins are displayed at checkout in your local currency, and final amounts may vary depending on currency conversion or fees applied by your payment provider. Once purchased, Coins are credited to your account for immediate use. Coins do not have any monetary value outside the Platform, cannot be redeemed for cash, cannot be transferred to other platforms, and cannot be exchanged except as expressly permitted by us. All purchases of Coins are final and non-refundable, unless required by applicable law or unless a verified technical error on our side caused Coins not to be delivered properly.

Fraud, Abuse, and Chargebacks

We may suspend or restrict your access to the Services if we detect fraudulent activity, misuse of payment systems, unauthorized chargebacks, or any manipulation of purchases or virtual items. We also reserve the right to recover any amounts owed to us due to such behavior. By making any purchase on the Platform, you agree to comply not only with these Terms but also with the payment policies of any third-party provider involved in processing your transaction.

Account Deletion by You

You may delete or deactivate your account at any time. Once your account is deleted, you will no longer have access to the Services, and any remaining virtual items, Coins, or subscription benefits associated with your account may be forfeited in accordance with these Terms. Please note that some information may remain in our records as required by law or for legitimate business purposes.

Termination or Suspension by Us

We reserve the right to suspend, restrict, or terminate any user account and/or access to any part of the Services at our discretion. This may occur for reasons including, but not limited to: violations of these Terms or other agreements with us, user misconduct, fraudulent activity, or at the direction of regulatory, investigatory, law enforcement, government, or judicial authorities. We may also adjust, discontinue, or modify certain features, services, or offerings of the Platform for business or operational reasons, with or without prior notice.

You agree to release us from any liability resulting from our decision to suspend, restrict, or terminate your account or access to the Services. You further agree to indemnify, defend, and hold us harmless from any claims, damages, fines, penalties, or expenses (including reasonable attorney or accounting fees) arising directly or indirectly from such actions.

User Conduct

You are solely responsible for all the content you upload, post, display, or generate through your use of the Services ("Generate"), including but not limited to code, videos, images, information, data, text, software, music, sound, photos, graphics, messages, or other materials (hereinafter referred to as "User Content"). The following are examples of the kind of content and/or use that is illegal or prohibited by SpicyAI. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, removing the offending content from the Services, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Services to:

• Generate any User Content that infringes any intellectual property or other proprietary rights of any party
• Upload content you do not have a right to upload under any law or under contractual or fiduciary relationships
• Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment
• Poses or creates a privacy or security risk to any person
• Constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, "junk mail," "spam," "chain letters," "pyramid schemes," "contests," "sweepstakes," or any other form of solicitation
• Is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful racially, ethnically or otherwise objectionable
• Disrupt the Services, servers, and networks, or breach network rules
• Break any applicable laws or regulations
• Impersonate others or misrepresent affiliations
• Collect user contact details for unsolicited communication
• Advertise goods/services without proper authorization
• Encourage criminal activity or provide illegal instructions
• Access materials/info through unauthorized means

Commercial Use

The Service is for your personal use only. Unless otherwise expressly authorized herein or in the Services, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Services, use of the Services, or access to the Services.

Use of SpicyAI by Minors

If you are under 18, you are not authorized to use the Services, with or without registering.

SpicyAI Materials

All materials presented or performed within the Services, excluding User Content, including but not limited to code, video, images, information, data, text, software, music, sound, graphics, messages, visual effects, artistic styles, text, logos, photographs, illustrations, and animations ("SpicyAI Materials"), are the exclusive property of us and/or third parties, safeguarded by international copyright laws. By using the Services, you expressly agree not to engage in any copying, modification, creation of derivative works, reverse engineering, reverse assembly, or any attempt to uncover the composition of SpicyAI Materials.

User Content

Under no circumstances will SpicyAI be liable in any way for any content or materials of any third parties (including User Content), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that SpicyAI does not pre-screen content, but that SpicyAI and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Services.

License

With respect to the User Content, you understand that you own all rights, title, and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein. By using our Service, you hereby grant and will grant SpicyAI and its affiliated companies a nonexclusive, worldwide, royalty-free, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Services or the promotion, advertising or marketing thereof in any form, medium or technology now known or later developed.

Copyright Complaints

SpicyAI respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify SpicyAI of your infringement claim. A notification of claimed copyright infringement should be emailed to SpicyAI's Copyright Agent: support@spicyai.ai.

To be effective, the notification must be in writing and contain the following information:

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest
• A description of the copyrighted work or other intellectual property that you claim has been infringed
• A description of where the material that you claim is infringing is located on the Services, with enough detail that we may find it on the Services
• Your address, telephone number, and email address
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law
• A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf

User Disputes

You agree that you are solely responsible for your interactions with any other user in connection with the Service and SpicyAI will have no liability or responsibility with respect thereto. SpicyAI reserves the right but has no obligation, to become involved in any way with disputes between you and any other user of the Service.

Your Privacy

At SpicyAI, we respect the privacy of our users. For details please see our Privacy Policy. By using the Service, you consent to our collection and use of personal data as outlined therein.