Terms of Service

Introduction & Agreement

Welcome to MyCharly AI ("we," "our," or "us"). These Terms of Service ("Terms") govern your access to and use of our AI-powered character generation platform and services (collectively, the "Service"). By accessing or using our Service, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Service.

These Terms constitute a legally binding agreement between you and MyCharly AI. We may update these Terms from time to time, and your continued use of the Service after such changes constitutes your acceptance of the updated Terms. We will notify you of material changes by posting the updated Terms on this page and updating the "Last updated" date.

Service Description

MyCharly AI is an AI-powered platform that enables users to create, generate, and manage character personas, including:

• AI-generated character images and visual designs
• Character personality profiles and backstories
• Consistent character design iterations and variations
• Character management and organization tools
• Export and sharing capabilities

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice. We do not guarantee that the Service will be available at all times or that it will be error-free.

User Accounts & Registration

To access certain features of the Service, you must create an account. When creating an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and update your account information as necessary
• Maintain the security of your account credentials
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account

Age Requirements

You must be at least 18 years old (or the age of majority in your jurisdiction) to use our Service. If you are under 18, you may only use the Service with the consent and supervision of a parent or legal guardian who agrees to be bound by these Terms. By using the Service, you represent and warrant that you meet these age requirements.

Account Termination

We reserve the right to suspend or terminate your account at any time, with or without cause or notice, if you violate these Terms or engage in any fraudulent, illegal, or harmful activity. You may terminate your account at any time by contacting us or using the account deletion features in the Service.

Subscription Terms & Billing

MyCharly AI offers subscription-based access to our Service. By subscribing, you agree to the following terms:

Subscription Plans

We offer various subscription plans with different features, usage limits, and pricing. Subscription plans may include:

• Monthly subscriptions (billed monthly)
• Annual subscriptions (billed annually, may include discounts)
• Tiered plans with different feature sets and usage limits

Billing & Auto-Renewal

Subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date. By subscribing, you authorize us to charge your payment method automatically for each renewal period. You will be charged at the then-current subscription rate.

• Monthly subscriptions renew on the same day each month
• Annual subscriptions renew on the same date each year
• You will receive email notifications before each renewal
• You can cancel your subscription at any time through your account settings

Cancellation

You may cancel your subscription at any time. Cancellation takes effect at the end of your current billing period. You will continue to have access to the Service until the end of the period you have already paid for. We do not provide refunds for partial billing periods, except as required by law or as specified in our refund policy.

Subscription Changes

You may upgrade or downgrade your subscription plan at any time. Upgrades take effect immediately, and you will be charged the prorated difference. Downgrades take effect at the start of your next billing cycle. We reserve the right to modify subscription plans, features, or pricing with reasonable notice.

Payment Terms

All payments are processed through secure third-party payment processors. By making a payment, you agree to the following:

Payment Processing

• We accept major credit cards and other payment methods as displayed during checkout
• All prices are displayed in USD (or your local currency as applicable)
• You are responsible for any taxes, fees, or charges imposed by your jurisdiction
• Payment information is processed securely and is not stored on our servers

Third-Party Payment Processors

MyCharly AI may utilize third-party payment processors ("Payment Processors") to facilitate transactions for the Services. By using the Service and making payments, you agree to be bound by the terms and conditions and privacy policies of the applicable Payment Processor. You acknowledge and understand that the Payment Processor may collect and process certain information from you, including but not limited to your payment information, billing address, and transaction history, in accordance with their privacy policy. This information is collected and processed by the Payment Processor for the purpose of facilitating payment transactions and preventing fraud.

To the fullest extent permitted by applicable law, MyCharly AI shall not be liable for any errors, omissions, or security breaches related to the Payment Processor's services or the Payment Processor's use of your information. Any disputes related to the processing of any payments you make should be addressed directly with the Payment Processor in accordance with their terms of service.

MyCharly AI may use Stripe, Inc. ("Stripe") as our Payment Processor (https://stripe.com). For specific details regarding Stripe's services, please refer to the following links:

• Stripe services agreement: https://stripe.com/legal/consumer
• Stripe privacy policy: https://stripe.com/privacy

You understand that the Payment Processor may modify its services and terms and conditions at any time. MyCharly AI is not responsible for any changes made by the Payment Processor that may affect your use of the Services. MyCharly AI reserves the right to change our Payment Processor at any time.

Payment Failure

If payment fails or is declined, we may:

• Suspend or terminate your subscription
• Attempt to retry payment using your saved payment method
• Notify you of the payment failure and request updated payment information

You are responsible for maintaining valid payment information and ensuring sufficient funds are available.

Refunds

Refunds are provided at our discretion and in accordance with applicable law. Generally, we do not provide refunds for:

• Partial billing periods after cancellation
• Unused subscription time
• User-generated content or AI-generated outputs

If you believe you are entitled to a refund, please contact us at support@mycharly.ai with your request and reason. We will review each request on a case-by-case basis.

User-Generated Content

You retain ownership of any content you create, upload, or submit to the Service ("User Content"), including character descriptions, prompts, and specifications. However, by using the Service, you grant us certain rights:

License to Us

You grant MyCharly AI a worldwide, non-exclusive, royalty-free, perpetual, irrevocable license to:

• Use, store, and process your User Content to provide and improve the Service
• Train and improve our AI models using your User Content (as described in our Privacy Policy)
• Display, reproduce, and distribute your User Content as necessary to operate the Service
• Create derivative works for the purpose of providing AI-generated outputs

Your Responsibilities

You are solely responsible for your User Content. You represent and warrant that:

• You own or have the necessary rights to all User Content you submit
• Your User Content does not violate any third-party rights (copyright, trademark, privacy, etc.)
• Your User Content complies with these Terms and all applicable laws
• Your User Content is not illegal, harmful, or offensive

We reserve the right to remove, edit, or refuse to process any User Content that violates these Terms or is otherwise objectionable, in our sole discretion.

AI-Generated Content Ownership

When you use our Service to generate character images, profiles, or other content using AI ("AI-Generated Content"), the following ownership and usage rights apply:

Your Rights

Subject to these Terms, you own the AI-Generated Content created through your use of the Service. You may:

• Use AI-Generated Content for personal and commercial purposes
• Modify, edit, and create derivative works from AI-Generated Content
• Distribute, display, and publish AI-Generated Content
• License or sell AI-Generated Content to third parties

Commercial Use

You may use AI-Generated Content for commercial purposes, including in games, books, marketing materials, and other commercial projects. However, you may not:

• Use AI-Generated Content to create competing AI character generation services
• Resell or redistribute the Service itself or access to the Service
• Use AI-Generated Content in ways that violate applicable laws or third-party rights

Attribution

While not required, we appreciate attribution to MyCharly AI when using AI-Generated Content in public projects. Attribution is not mandatory for ownership or usage rights.

No Warranty on Ownership

We do not warrant or guarantee that AI-Generated Content will be free from claims by third parties regarding copyright, trademark, or other intellectual property rights. You use AI-Generated Content at your own risk. We are not responsible for any disputes arising from your use of AI-Generated Content.

Acceptable Use Policy

You agree not to use the Service in any way that is illegal, harmful, or violates these Terms. Prohibited uses include:

Prohibited Content

• Illegal Content: Content that violates any applicable laws or regulations
• Harmful Content: Content that promotes violence, hate speech, discrimination, or harm to individuals or groups
• Explicit Content: Pornographic, sexually explicit, or adult content (unless explicitly permitted by your subscription plan)
• Infringing Content: Content that infringes on copyrights, trademarks, patents, trade secrets, or other intellectual property rights
• Personal Information: Content that includes personal information of others without consent
• Misleading Content: Content designed to deceive, defraud, or mislead others

Prohibited Activities

• Attempting to reverse engineer, decompile, or extract the source code of the Service
• Using automated systems (bots, scrapers) to access the Service without authorization
• Interfering with or disrupting the Service, servers, or networks
• Attempting to gain unauthorized access to accounts, systems, or data
• Impersonating others or providing false information
• Reselling, sublicensing, or redistributing access to the Service
• Using the Service to compete with or create competing services

Enforcement

Violation of this Acceptable Use Policy may result in immediate suspension or termination of your account and access to the Service, without refund. We reserve the right to report illegal activities to appropriate authorities.

Intellectual Property

The Service, including its software, design, text, graphics, logos, and other content (excluding User Content and AI-Generated Content), is owned by MyCharly AI and protected by copyright, trademark, and other intellectual property laws.

Our Intellectual Property

All rights, title, and interest in and to the Service remain with MyCharly AI. You may not:

• Copy, modify, or create derivative works of the Service
• Remove or alter any copyright, trademark, or proprietary notices
• Use our trademarks, logos, or brand names without permission
• Reverse engineer or attempt to extract the underlying technology

Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service in accordance with these Terms. This license does not include the right to resell, redistribute, or sublicense the Service.

Service Availability & Modifications

We strive to provide a reliable Service, but we do not guarantee uninterrupted or error-free operation. The Service may be unavailable due to:

• Scheduled maintenance and updates
• Technical issues or system failures
• Third-party service outages
• Force majeure events

Service Modifications

We reserve the right to modify, update, or discontinue any aspect of the Service at any time, with or without notice. This includes changes to features, functionality, pricing, and availability. We are not obligated to provide prior notice for routine updates or maintenance, but we will provide reasonable notice for material changes that affect your use of the Service.

Termination

Either party may terminate access to the Service under the following circumstances:

Termination by You

You may terminate your account and stop using the Service at any time by canceling your subscription and deleting your account through the Service or by contacting us. Termination by you does not entitle you to a refund for any unused subscription period, except as required by law.

Termination by Us

We may suspend or terminate your access to the Service immediately, without prior notice, if:

• You violate these Terms or our Acceptable Use Policy
• You engage in fraudulent, illegal, or harmful activity
• You fail to pay subscription fees
• We are required to do so by law or court order
• We discontinue the Service or your subscription plan

Effect of Termination

Upon termination, your right to access and use the Service will immediately cease. We may delete your account, User Content, and AI-Generated Content, though we may retain certain information as required by law or for legitimate business purposes. Sections of these Terms that by their nature should survive termination will remain in effect.

Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, MYCHARLY AI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Warranties of merchantability, fitness for a particular purpose, and non-infringement
• Warranties that the Service will be uninterrupted, error-free, or secure
• Warranties regarding the accuracy, reliability, or quality of AI-Generated Content
• Warranties that the Service will meet your requirements or expectations

We do not warrant that AI-Generated Content will be free from claims by third parties or that it will not infringe on any intellectual property rights. You use the Service and AI-Generated Content at your own risk.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, MYCHARLY AI SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE).

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you. In such cases, our liability will be limited to the fullest extent permitted by applicable law.

Indemnification

You agree to indemnify, defend, and hold harmless MyCharly AI, its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Service or violation of these Terms
• Your User Content or AI-Generated Content
• Your violation of any third-party rights (copyright, trademark, privacy, etc.)
• Your violation of any applicable laws or regulations
• Any dispute between you and a third party related to your use of the Service

We reserve the right to assume exclusive defense and control of any matter subject to indemnification by you, at your expense.

Dispute Resolution

If you have a dispute with MyCharly AI, we encourage you to contact us first to resolve the issue informally. If we cannot resolve the dispute informally, the following terms apply:

Governing Law

These Terms shall be governed by and construed in accordance with the laws of [Your Jurisdiction], without regard to its conflict of law provisions. For example, if your company is based in the United States, you might specify a state like "the State of Delaware" or "the State of California."

Arbitration

Any dispute, controversy, or claim arising out of or relating to these Terms or the Service shall be resolved through binding arbitration, except for:

• Claims that may be brought in small claims court
• Claims for injunctive or equitable relief
• Intellectual property disputes

Arbitration shall be conducted in accordance with the rules of [Arbitration Organization, e.g., "the American Arbitration Association"] and shall take place in [Location]. You waive your right to a jury trial and to participate in class action lawsuits.

Jurisdiction

For disputes not subject to arbitration, you agree to submit to the exclusive jurisdiction of the courts located in [Jurisdiction, e.g., "Delaware" or "San Francisco, California"].

Changes to These Terms

We may update these Terms from time to time to reflect changes in our Service, legal requirements, or business practices. We will notify you of material changes by:

• Posting the updated Terms on this page
• Updating the "Last updated" date
• Sending you an email notification (for material changes)
• Displaying a notice in the Service

Your continued use of the Service after such changes constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Service and cancel your subscription.