Terms of Service

1. Acceptance of Terms

By accessing or using the Animae platform ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you may not access the Service.

These Terms constitute a legally binding agreement between you and Code Gift OÜ ("Company", "we", "us", or "our") regarding your use of our AI character creation and interaction platform.

2. User Eligibility

You must be at least 13 years old to use this Service. Users between 13-17 years old must have parental consent. Certain features, including adult content creation and interaction, require users to be 18 years or older and verify their age.

By using the Service, you represent and warrant that:

• You meet the minimum age requirements
• You have the legal capacity to enter into these Terms
• Your use of the Service will not violate any applicable law or regulation
• All information you provide is accurate and truthful

3. User Accounts

To access most features, you must create an account. You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized use
• Providing accurate and up-to-date information

We reserve the right to suspend or terminate accounts that violate these Terms or pose a security risk to our platform or other users.

4. Acceptable Use Policy

You agree not to use the Service to:

• Violate any local, state, national, or international law or regulation
• Create content that is illegal, harmful, threatening, abusive, harassing, defamatory, or invasive of privacy
• Impersonate any person or entity or misrepresent your affiliation
• Distribute spam, unsolicited communications, or commercial content
• Upload malicious code, viruses, or attempt to gain unauthorized access
• Interfere with or disrupt the Service or servers connected to the Service
• Create characters that promote hate speech, violence, or discrimination
• Use the Service for any commercial purpose without our express written consent

5. AI Character Interactions

Our AI characters are powered by artificial intelligence and machine learning technologies. You understand that:

• AI responses are generated algorithmically and may not always be accurate or appropriate
• Characters are fictional and do not represent real individuals
• We do not endorse or guarantee the content of AI-generated responses
• Conversations with AI characters are stored to improve the Service
• Age verification is required to access adult content or characters with mature themes

You are responsible for your interactions with AI characters and should use good judgment when engaging with AI-generated content.

6. Token Economy & Payments

Our Service operates on a token-based system:

• Tokens are required to send messages to AI characters and reveal generated images
• Current pricing: 1 token per AI message, 5 tokens per photo reveal
• Token prices and usage costs may change with reasonable notice
• Tokens are non-refundable except as outlined in our Refunds Policy
• Unused tokens expire after 3 months of inactivity

All payments are processed securely through third-party payment processors. By making a purchase, you agree to their terms and conditions.

7. User-Generated Content

You retain ownership of content you create, but grant us a non-exclusive, worldwide, royalty-free license to use, modify, and display your content as necessary to provide the Service.

You represent that your content:

• Does not infringe on intellectual property rights of others
• Complies with all applicable laws and regulations
• Does not contain malicious code or harmful content
• Is appropriate for the platform and other users

8. Intellectual Property

The Service and its original content, features, and functionality are and will remain the exclusive property ofCode Gift OÜ and its licensors. The Service is protected by copyright, trademark, and other laws.

You may not copy, modify, distribute, sell, or lease any part of our Service without our express written permission.

9. Privacy & Data

Your privacy is important to us. Please review our Privacy Policy, which also governs your use of the Service, to understand our practices.

By using our Service, you consent to the collection and use of information in accordance with our Privacy Policy.

10. Content Moderation

We reserve the right to monitor, review, and moderate content on our platform. We may:

• Remove or modify content that violates these Terms
• Use automated systems and AI to detect inappropriate content
• Restrict access to certain features for users who violate policies
• Report illegal content to appropriate authorities

We are not obligated to monitor content but reserve the right to do so for safety and compliance purposes.

11. Account Termination

We may terminate or suspend your account immediately, without prior notice, for conduct that we believe violates these Terms or is harmful to other users or the Service.

Upon termination:

• Your right to use the Service will cease immediately
• Your account and data may be deleted
• Unused tokens will be forfeited
• You may request data export within 30 days

12. Limitation of Liability

IN NO EVENT SHALL CODE GIFT OÜ BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.

13. Dispute Resolution

Any disputes arising from these Terms will be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. You agree to resolve disputes individually and not as part of a class action.

Before initiating arbitration, you must first contact us to attempt to resolve the dispute informally.

14. Modifications

We reserve the right to modify these Terms at any time. We will provide notice of material changes by:

• Posting the updated Terms on our website
• Sending email notifications to registered users
• Displaying in-app notifications

Continued use of the Service after changes become effective constitutes acceptance of the new Terms.

15. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.

Any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in Tartu maakond, Estonia.