Terms of Service

These Terms of Service ("Terms") govern your access to and use of Charmsy- our website and any mobile apps, together with their content, features, and functionality (the "Service"). By using the Service you agree to these Terms. If you do not agree, do not use the Service.

1. Eligibility

Charmsy is an adults-only (18+) service. You must be at least 18 years old, and the age of majority in your jurisdiction, to use it. By using the Service you confirm that you meet this requirement and that every character you create depicts only adults. We do not knowingly permit anyone under 18 to use the Service.

2. Your account

You are responsible for your account and for keeping your login secure, and for all activity under it. Notify us promptly of any unauthorized use. Do not create multiple accounts to evade limits or enforcement, and do not abuse the registration system. We may suspend or terminate accounts that do.

3. Acceptable use

Your use of the Service is subject to our Content Policy, which is part of these Terms. In addition, you agree not to:

• Violate any law or infringe anyone's rights, including intellectual property or privacy rights.
• Impersonate any person or entity, or misrepresent your affiliation.
• Use another person's name, likeness, voice, or persona without permission, or create "deepfakes" or impersonations.
• Submit voice recordings of real people (including public figures) without their consent.
• Solicit personal information from, or target, anyone under 18.
• Scrape, data-mine, or use bots to extract data, or circumvent access limits or IP blocks.
• Reverse engineer, decompile, or attempt to access the Service's source code, except where permitted by law.
• Upload malware or interfere with the Service, its servers, or other users.

We may investigate and act on violations, including removing content, suspending or terminating accounts, and reporting to law enforcement.

4. AI-generated content

Characters and their messages are fictional and AI-generated. They are not real people and do not represent real individuals, advice, or facts. AI output can be inaccurate or offensive; you use it at your own risk and must not rely on it for medical, legal, financial, or other professional decisions.

5. Characters, generations, and your content

As between you and us, you own the characters you create and the text, images, and audio a character generates in response to you ("Generations"). You represent that you have the rights to everything you submit, including any images you upload.

You grant us a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, copy, display, modify (for example to format or moderate), distribute, and otherwise use your characters and content to operate, improve, and promote the Service - including, where you publish a character, making it available to other users. When you interact with a character created by us or by another user, you own only the Generations you elicit, not the character itself.

We may, but are not obligated to, review, screen, or remove content at our discretion, and we may preserve or disclose content where reasonably necessary to comply with law, enforce these Terms, or protect the safety, rights, or property of users and the public. Feedback you send us is non-confidential and we may use it without obligation to you.

6. Charms, subscriptions, and billing

Chat is unlimited; "Charms" are a consumable in-app currency used for paid features such as image and voice generation. Charms have no cash value, are non-transferable, and are non-refundable except where required by law.

Subscriptions renew automatically until cancelled. Depending on how you sign up, billing and renewals are handled by our web payment provider or by the app store you installed the app from (Apple App Store or Google Play); cancel through the same channel you used to subscribe. You keep benefits through the end of a period you have already paid for. Refunds for app-store purchases are handled by that store under its policies. Prices and plan inclusions may change with notice. See our Subscription & Charms FAQ for details.

7. App stores

If you obtain our app through a third-party app store, your use is also subject to that store's terms. The app store is not a party to these Terms and is not responsible for the Service.

8. Intellectual property

The Service, including its software, design, and trademarks, is owned by us and our licensors and is protected by law. These Terms do not grant you any rights to our branding. Rights not expressly granted are reserved.

9. Copyright complaints (DMCA)

We respond to notices of alleged copyright infringement. If you believe content on the Service infringes your copyright, send a notice to support@charmsy.io including: your signature; identification of the work and the infringing material (with its location); your contact details; a good-faith statement that the use is unauthorized; and a statement, under penalty of perjury, that your notice is accurate and you are authorized to act. We may remove the content and, where appropriate, accept counter-notices and terminate repeat infringers.

10. Indemnity

You agree to indemnify and hold us and our affiliates harmless from claims, losses, and expenses (including reasonable legal fees) arising out of or related to your use of the Service, your content, or your violation of these Terms or the rights of others.

11. Disclaimers

The Service is provided "as is" and "as available" without warranties of any kind to the fullest extent permitted by law. We do not warrant that it will be uninterrupted, secure, or error-free, or that generated content will meet your expectations.

12. Limitation of liability

To the fullest extent permitted by law, we will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of data or profits. Our total liability for any claim is limited to the greater of the amount you paid us in the prior twelve months or USD 100. Some jurisdictions do not allow these limits, so they may not fully apply to you.

13. Termination

We may suspend or terminate your access if you violate these Terms or the Content Policy, or to protect the Service or its users. You may stop using the Service and delete your account at any time. Provisions that by their nature should survive termination will survive.

14. Governing law and disputes

Please contact us first at support@charmsy.io so we can try to resolve any dispute informally. If we cannot, you agree that disputes will be resolved by binding individual arbitration rather than in court, and you waive any right to participate in a class action, to the extent permitted by law. These Terms are governed by the laws of the jurisdiction in which the Company is established, without regard to its conflict-of-laws rules. Nothing here prevents either party from seeking injunctive relief to protect its rights.

15. Changes

We may update these Terms from time to time. Material changes take effect no earlier than the date shown above (changes for legal reasons or new features may take effect sooner); continued use after changes means you accept them.

16. Contact

Questions about these Terms? Contact us at support@charmsy.io.