| July 19, 2026 00:25 UTC | July 19, 2026 21:20 UTC | ||||
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| t | t | 1 | Character.AI Terms of Service | ||
| 2 | Last Updated: August 27, 2025 | ||||
| 3 | Hello and welcome! These Terms of Service are an agreement formed between you an | ||||
| > | d Character Technologies, Inc. They cover the website available at Character.AI | ||||
| > | (the “Website”), and the Character.AI mobile application (the “App”). In these T | ||||
| > | erms we’ll sometimes refer to Character Technologies, Inc. as “Character.AI,” “C | ||||
| > | ompany,” “we,” or “us.” We’ll refer to our Website and App, together with any co | ||||
| > | ntent, tools, features, and functionality offered on or through them as the “Ser | ||||
| > | vices.” | ||||
| 4 | These Terms govern your access to and use of the Services. Please read them care | ||||
| > | fully, as they include important information about your legal rights. By accessi | ||||
| > | ng or using the Services, you’re agreeing to these Terms. If you don’t understan | ||||
| > | d or agree to these Terms, please don’t use the Services. | ||||
| 5 | In these Terms, “you” and “your” means you as the user of the Services. If you u | ||||
| > | se the Services on behalf of a company or other entity then “you” includes you a | ||||
| > | nd that entity, and you represent and warrant that (a) you are an authorized rep | ||||
| > | resentative of the entity with the authority to bind the entity to these Terms, | ||||
| > | and (b) you agree to these Terms on the entity’s behalf. | ||||
| 6 | NOTE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER. By agre | ||||
| > | eing to these Terms, you agree to resolve all disputes with us through binding i | ||||
| > | ndividual arbitration. That means you also waive any right to have those dispute | ||||
| > | s decided by a judge or jury, and you waive your right to participate in class a | ||||
| > | ctions, class arbitrations, or representative actions. You have the right to opt | ||||
| > | out of arbitration as explained below in the section entitled “Dispute Resoluti | ||||
| > | on By Binding Arbitration.” | ||||
| 7 | Use of the Services | ||||
| 8 | Your Registration Obligations. When you register to use the Services, you agree | ||||
| > | to provide accurate and complete information about yourself. If you are under 13 | ||||
| > | years old OR if you are under 16 years old and a citizen or resident in the Eur | ||||
| > | opean Economic Area (EEA) or the United Kingdom (UK), do not sign up for the Ser | ||||
| > | vices – you are not authorized to use them. | ||||
| 9 | Member Account, Password and Security. You are responsible for maintaining the c | ||||
| > | onfidentiality of your password and account, and for all activities that occur u | ||||
| > | nder your password or account. You agree to immediately notify Character.AI of a | ||||
| > | ny unauthorized use of your password or account or any other breach of security, | ||||
| > | and to ensure that you exit from your account at the end of each session when a | ||||
| > | ccessing the Services. Character.AI will not be liable for any loss or damage ar | ||||
| > | ising from your failure to comply with this paragraph. | ||||
| 10 | General Practices Regarding Use and Storage. You acknowledge that Character.AI m | ||||
| > | ay establish general practices and limits concerning use of the Services. These | ||||
| > | may include, without limitation, the maximum period of time that data or other c | ||||
| > | ontent will be retained by the Services and the maximum storage space that will | ||||
| > | be allotted on Character.AI’s servers on your behalf. You agree that Character.A | ||||
| > | I has no responsibility or liability for the deletion or failure to store any da | ||||
| > | ta or other content maintained or uploaded to the Services. You acknowledge that | ||||
| > | Character.AI reserves the right to terminate accounts that are inactive for an | ||||
| > | extended period of time. You further acknowledge that Character.AI reserves the | ||||
| > | right to change these general practices and limits at any time, in its sole disc | ||||
| > | retion, with or without notice. | ||||
| 11 | Email Notifications. You consent to receive notifications from us electronically | ||||
| > | to the e-mail address you provide to us. These notifications may be about your | ||||
| > | account, changes to our service, or other updates or marketing relating to our s | ||||
| > | ervice. | ||||
| 12 | Conditions of Use | ||||
| 13 | User Conduct. In addition to agreeing to comply with our Community Guidelines, w | ||||
| > | hich are incorporated herein, you agree to comply with the following conditions | ||||
| > | in using the Services. | ||||
| 14 | You are solely responsible for all content you submit to the Services. (When we | ||||
| > | say “content you submit” and similar terms, we mean anything you seek to post, t | ||||
| > | ransmit, or share, including but not limited to text, images, sounds, video, gra | ||||
| > | phics, information, or other data.) Your use of the Services may be subject to l | ||||
| > | icense and use restrictions set forth in the CreativeML OpenRAIL M license. You | ||||
| > | agree not to submit any content that: | ||||
| 15 | (i) infringes any intellectual property or other proprietary rights of any party | ||||
| > | ; | ||||
| 16 | (ii) you do not have a right to submit; | ||||
| 17 | (iii) contains software viruses or any computer code, files or programs designed | ||||
| > | to interrupt, destroy or limit the functionality of any computer software or ha | ||||
| > | rdware or telecommunications equipment; | ||||
| 18 | (iv) poses a privacy or security risk to any person; | ||||
| 19 | (v) constitutes unsolicited or unauthorized advertising, promotional materials, | ||||
| > | commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyram | ||||
| > | id schemes,” “contests,” “sweepstakes,” or any other form of solicitation; | ||||
| 20 | (vi) is threatening, abusive, harassing, tortious, or bullying; | ||||
| 21 | (vii) is excessively violent or depicts realistic serious violence against a per | ||||
| > | son or animal in graphic detail; | ||||
| 22 | (viii) is defamatory, libelous, or verifiably false with the purpose of harming | ||||
| > | others; | ||||
| 23 | (ix) constitutes hate speech that demeans or promotes discrimination or violence | ||||
| > | on the basis of race, ethnicity, gender, religion, age, or other social, physic | ||||
| > | al or mental characteristics; | ||||
| 24 | (x) is obscene or pornographic; | ||||
| 25 | (xi) constitutes sexual harassment; | ||||
| 26 | (xii) constitutes sexual exploitation or abuse of a minor, including sharing chi | ||||
| > | ld sexual exploitation or abuse imagery or content, grooming, or sexual extortio | ||||
| > | n; | ||||
| 27 | (xiii) glorifies or provides instructions for self-harm, including self-injury, | ||||
| > | suicide, or eating disorders, including extreme fitness and/or body shaming cont | ||||
| > | ent; | ||||
| 28 | (xiv) promotes terrorism or violent extremism; | ||||
| 29 | (xv) furthers or promotes criminal activity; | ||||
| 30 | (xvi) seeks to buy or sell illegal drugs; | ||||
| 31 | (xvii) facilitates fully automated decision making that adversely impacts a pers | ||||
| > | on’s legal rights or creates a binding, enforceable obligation; | ||||
| 32 | (xviii) seeks to provide medical, legal, financial or tax advice; | ||||
| 33 | (xix) interferes with or disrupts the Services or servers or networks connected | ||||
| > | to the Services, | ||||
| 34 | (xx) interferes with or appropriates any person’s right of publicity by using th | ||||
| > | eir name, likeness or persona (a) without permission and (b) outside a permissib | ||||
| > | le context such as non-commercial parody or public commentary; or | ||||
| 35 | (xxi) in the sole judgment of Character.AI, is objectionable or that restricts o | ||||
| > | r inhibits any other person from using or enjoying the Services, or which may ex | ||||
| > | pose Character.AI or its users to any harm or liability. | ||||
| 36 | You likewise agree not to do any of the following in connection with your use of | ||||
| > | the Services: | ||||
| 37 | (i) disobey any requirements, procedures, policies or regulations of networks co | ||||
| > | nnected to the Services; | ||||
| 38 | (ii) violate any applicable law or regulation; | ||||
| 39 | (iii) impersonate any person or entity, or misrepresent your affiliation with a | ||||
| > | person or entity; | ||||
| 40 | (iv) solicit personal information from anyone under the age of 18; | ||||
| 41 | (v) harvest or collect email addresses or other contact information of other use | ||||
| > | rs from the Services by electronic or other means for the purposes of sending un | ||||
| > | solicited emails or other unsolicited communications; | ||||
| 42 | (vi) obtain or attempt to obtain any information through any means not intention | ||||
| > | ally made available or provided for through the Services; | ||||
| 43 | (vii) lease, lend, sell or sublicense any part of the Services; | ||||
| 44 | (viii) try to evade any technological measure designed to protect the Services o | ||||
| > | r any technology associated with the Services; or | ||||
| 45 | (ix) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attem | ||||
| > | pt to derive or gain access to any Services source code, in whole or in part (un | ||||
| > | less a portion of code within the Services is released as open source and the op | ||||
| > | en source license governing such code expressly permits reverse engineering, cop | ||||
| > | ying or other modification). | ||||
| 46 | To the extent Character.AI chooses to support voice, audio, or video features, y | ||||
| > | ou agree not to do any of the following in connection with your use of the Servi | ||||
| > | ces: | ||||
| 47 | (i) submit recordings of real people (including but not limited to celebrities) | ||||
| > | without their consent; | ||||
| 48 | (ii) use any Character.AI feature to create or engage in “deepfakes” or imperson | ||||
| > | ation of any real person, including but not limited to those that create politic | ||||
| > | al misinformation, perpetrate frauds or scams, impugn the reputation of third pa | ||||
| > | rties, or otherwise amount to harmful conduct; or | ||||
| 49 | (iii) submit recordings that violate any of the “User Conduct” rules set out abo | ||||
| > | ve. | ||||
| 50 | Content Moderation. We reserve the right to investigate and take appropriate act | ||||
| > | ion against anyone who we conclude, in our sole discretion, has violated the pro | ||||
| > | visions above. That action may include, without limitation, restricting the visi | ||||
| > | bility of content, suspending or removing content from the Services, suspending | ||||
| > | or terminating your account, and reporting you to law enforcement. | ||||
| 51 | We use automated and manual measures to help identify activities that may be ill | ||||
| > | egal (such as terrorism content and child sexual exploitation and abuse content) | ||||
| > | , non-compliant and/or fail to comply with these Terms of Service and/or our Com | ||||
| > | munity Guidelines. | ||||
| 52 | You can report content by using the report content flag that appears when you cl | ||||
| > | ick on a Character. You can also report content and make other complaints using | ||||
| > | the "submit a ticket" form on Character.AI's Help Center here. We may share info | ||||
| > | rmation from your report with the user who provided the reported content in inve | ||||
| > | stigating whether the reported content complies with these Terms of Service and | ||||
| > | applicable law and to provide reasons for our measures. | ||||
| 53 | Intellectual Property Rights | ||||
| 54 | Content You Submit. When you submit content to the Services, you represent and w | ||||
| > | arrant that you own all right, title and interest in and to that content (includ | ||||
| > | ing, without limitation, all copyrights and rights of publicity), or that you ha | ||||
| > | ve received all necessary permissions, clearances, and authorizations in order t | ||||
| > | o submit it to the Services for the uses contemplated in these Terms. | ||||
| 55 | When you submit such content, you retain whatever ownership rights in that conte | ||||
| > | nt you had to begin with. You grant Character.AI, to the fullest extent permitte | ||||
| > | d under the law, a nonexclusive, worldwide, royalty-free, fully paid up, transfe | ||||
| > | rable, sublicensable, perpetual, irrevocable license to copy, display, upload, p | ||||
| > | erform, distribute, transmit, make available, store, modify, exploit, commercial | ||||
| > | ize and otherwise use the content for any Character.AI-related purpose in any fo | ||||
| > | rm, medium or technology now known or later developed, including without limitat | ||||
| > | ion to operate, improve and provide the Services. You agree that these rights an | ||||
| > | d licenses include a right for Character.AI to allow other users of the Services | ||||
| > | to create content that “remixes,” or otherwise uses portions of, the content yo | ||||
| > | u submitted. You agree that these rights and licenses also include a right for C | ||||
| > | haracter.AI to make the content available to, and pass these rights along to, ot | ||||
| > | hers with whom we have contractual relationships, and to otherwise permit access | ||||
| > | to or disclose the content to third parties if we determine such access is or m | ||||
| > | ay be necessary or appropriate. | ||||
| 56 | While we’re not required to do so, we may access, review, screen, edit, modify a | ||||
| > | nd delete your content at any time and for any reason, including to provide and | ||||
| > | develop the Services or if we think the content violates these Terms or any appl | ||||
| > | icable laws. | ||||
| 57 | Generated Content. When you create an automated AI character ("Character") using | ||||
| > | the Services in accordance with these Terms, then as between you and Character. | ||||
| > | AI, you own all rights in that Character. When you generate content of any kind | ||||
| > | using the Services – for example, Character responses from your own Character or | ||||
| > | other Characters, other dialogue, images, or videos (collectively “Generated Co | ||||
| > | ntent”) – then as between you and Character.AI, you own that Generated Content. | ||||
| > | In both cases, you grant Character.AI, to the fullest extent permitted under the | ||||
| > | law, a nonexclusive, worldwide, royalty-free, fully paid up, transferable, subl | ||||
| > | icensable, perpetual, irrevocable license to copy, display, upload, perform, dis | ||||
| > | tribute, transmit, make available, store, access, modify, exploit, commercialize | ||||
| > | and otherwise use the Character and all Generated Content for any purpose in an | ||||
| > | y form, medium or technology now known or later developed, including but not lim | ||||
| > | ited to (i) facilitating other users’ ability to interact with the Character and | ||||
| > | elicit Generated Content; (ii) promoting the Services on- or off-service; and ( | ||||
| > | iii) taking all of the actions set forth above under the section entitled “Conte | ||||
| > | nt You Submit.” | ||||
| 58 | Services Content, Software and Trademarks. You acknowledge and agree that the Se | ||||
| > | rvices may contain content or features protected by copyright, patent, trademark | ||||
| > | , trade secret or other proprietary rights and laws. In connection with your use | ||||
| > | of the Services you will not engage in or use any data mining, robots, scraping | ||||
| > | or similar automated data gathering or extraction methods. If you are blocked b | ||||
| > | y us from accessing the Services (including by blocking your IP address), you ag | ||||
| > | ree not to implement any measures to circumvent such blocking (e.g., by masking | ||||
| > | your IP address or using a proxy IP address), and that any further access to the | ||||
| > | Services is without the authorization of Character.AI. Any use of the Services | ||||
| > | or content on the Services other than as specifically authorized herein is stric | ||||
| > | tly prohibited. Any rights not expressly granted herein are reserved by us. | ||||
| 59 | The Character.AI name and logos are trademarks of Character.AI (collectively the | ||||
| > | “Character.AI Trademarks”). Other trademarks used and displayed via the Service | ||||
| > | s may be trademarks of their respective owners who may or may not endorse or be | ||||
| > | affiliated with or connected to Character.AI. Nothing in these Terms or the Serv | ||||
| > | ices should be construed as granting any license or right to use any of Characte | ||||
| > | r.AI Trademarks without our prior written permission in each instance. All goodw | ||||
| > | ill generated from the use of Character.AI Trademarks will inure to our exclusiv | ||||
| > | e benefit. | ||||
| 60 | Third-Party Material. Under no circumstances will Character.AI be liable for any | ||||
| > | content or materials of any third parties, including Characters created by thir | ||||
| > | d parties and any Generated Content. This includes, but is not limited to, infri | ||||
| > | ngement of intellectual property rights, errors or omissions in any content, and | ||||
| > | any loss or damage of any kind incurred as a result of the use of any such cont | ||||
| > | ent. You acknowledge that we do not pre-screen content and that AI-generated cha | ||||
| > | ts, by their nature, are unpredictable and may produce Generated Content that is | ||||
| > | inaccurate or offensive. You agree that you must evaluate, and bear all risks a | ||||
| > | ssociated with, the use of any content or Generated Content. You should not rely | ||||
| > | on the accuracy or completeness of statements made in content or Generated Cont | ||||
| > | ent, and if you do so, you acknowledge that it is at your own risk. | ||||
| 61 | You acknowledge that we have the right (but not the obligation) in our sole disc | ||||
| > | retion to refuse or remove any content (including Characters and Generated Conte | ||||
| > | nt) that is available via the Services. Without limiting the foregoing, we have | ||||
| > | the right to remove any content that violates these Terms or is deemed otherwise | ||||
| > | objectionable by us, in our sole discretion. | ||||
| 62 | You acknowledge and agree that any questions, comments, suggestions, ideas, feed | ||||
| > | back or other information about the Services provided by you to Character.AI are | ||||
| > | non-confidential, and that we are entitled to use and disseminate them for any | ||||
| > | purpose, without acknowledgment of or compensation to you. | ||||
| 63 | You acknowledge and agree that we may preserve content and metadata in complianc | ||||
| > | e with applicable law and our Privacy Policy. You acknowledge and agree that we | ||||
| > | may disclose content and/or metadata if required to do so by law or in the good | ||||
| > | faith belief that such preservation or disclosure is reasonably necessary to: (a | ||||
| > | ) comply with legal process, applicable laws or government requests; (b) enforce | ||||
| > | these Terms; (c) respond to claims that any content violates the rights of thir | ||||
| > | d parties; or (d) protect the rights, property, or personal safety of Character. | ||||
| > | AI, its users and the public. | ||||
| 64 | Copyright Complaints | ||||
| 65 | Character.AI 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 cons | ||||
| > | titutes copyright infringement, or that your intellectual property rights have b | ||||
| > | een otherwise violated, you can notify Character.AI of your infringement claim i | ||||
| > | n accordance with the procedure set forth below. | ||||
| 66 | DMCA Notices. Character.AI will process and investigate notices of alleged infri | ||||
| > | ngement and will take appropriate actions under the Digital Millennium Copyright | ||||
| > | Act (“DMCA”) and other applicable intellectual property laws with respect to an | ||||
| > | y alleged or actual infringement. A written notification of claimed copyright in | ||||
| > | fringement should be mailed to: | ||||
| 67 | Character Technologies, Inc. #1152 700 El Camino Real Suite 120 Menlo Park, CA 9 | ||||
| > | 4025 Attn: Character AI Designated DMCA Agent | ||||
| 68 | You can also submit a DMCA request through our website. Go to our homepage (http | ||||
| > | s://character.ai/), click on the Help Center link, then click on the “Submit a R | ||||
| > | equest” link. A dropdown will appear; choose the DMCA request option. | ||||
| 69 | To be effective, the notification must be in writing and contain the following i | ||||
| > | nformation: | ||||
| 70 | An electronic or physical signature of the person authorized to act on behalf of | ||||
| > | the owner of the copyright or other intellectual property interest; | ||||
| 71 | A description of the copyrighted work or other intellectual property that you cl | ||||
| > | aim has been infringed; | ||||
| 72 | A description of where the material that you claim is infringing is located on t | ||||
| > | he Services, with enough detail that we may find it on the Services; | ||||
| 73 | Your address, telephone number, and email address; | ||||
| 74 | A statement by you that you have a good faith belief that the disputed use is no | ||||
| > | t authorized by the copyright or intellectual property owner, its agent, or the | ||||
| > | law; and | ||||
| 75 | A statement by you, made under penalty of perjury, that the 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. | ||||
| 76 | Counter-Notices. If you believe that your content was removed or disabled due to | ||||
| > | a DMCA notice, and you believe the content is not infringing, you may send us a | ||||
| > | written counter-notice containing the following information: | ||||
| 77 | Your physical or electronic signature; | ||||
| 78 | Identification of the content that has been removed or to which access has been | ||||
| > | disabled and the location at which the content appeared before it was removed or | ||||
| > | disabled; | ||||
| 79 | A statement that you have a good faith belief that the content was removed or di | ||||
| > | sabled as a result of mistake or a misidentification of the content; | ||||
| 80 | Your name, address, telephone number and email address; and | ||||
| 81 | A statement that you consent to the jurisdiction of the federal court located wi | ||||
| > | thin the Northern District of California and a statement that you will accept se | ||||
| > | rvice of process from the person who provided notification of the alleged infrin | ||||
| > | gement. | ||||
| 82 | If we receive a counter-notice, we will send a copy of the counter-notice to the | ||||
| > | original complaining party informing them that we will restore the removed/disa | ||||
| > | bled content within 14 business days unless the original complaining party tells | ||||
| > | us they have filed a court action relating to the content. | ||||
| 83 | Repeat Infringer Policy. In accordance with the DMCA and other applicable law, C | ||||
| > | haracter.AI has adopted a policy of terminating, in appropriate circumstances an | ||||
| > | d at our sole discretion, users who are deemed to be repeat infringers. Characte | ||||
| > | r.AI may also at its sole discretion limit access to the Services or terminate t | ||||
| > | he registrations of any users who infringe any intellectual property rights of o | ||||
| > | thers, whether or not there is any repeat infringement. | ||||
| 84 | Third-Party Websites and Services | ||||
| 85 | The Services or third parties may provide links or other access to other sites a | ||||
| > | nd resources on the Internet or to third-party applications. Character.AI has no | ||||
| > | control over such sites, resources or applications and Character.AI is not resp | ||||
| > | onsible for and does not endorse them. You acknowledge and agree that Character. | ||||
| > | AI will not be responsible or liable, directly or indirectly, for any damage or | ||||
| > | loss caused by reliance on any content, events, goods or services available on o | ||||
| > | r through any such sites, resources or applications. Any dealings you have with | ||||
| > | third parties found while using the Services are between you and the third party | ||||
| > | , and you agree that Character.AI is not liable for any loss or claim that you m | ||||
| > | ay have against any such third party. | ||||
| 86 | Paid Accounts | ||||
| 87 | Billing. If you purchase any Services, you will provide complete and accurate bi | ||||
| > | lling information, including a valid payment method. For paid subscriptions, we | ||||
| > | will automatically charge your payment method on each agreed-upon periodic renew | ||||
| > | al until you cancel. You are responsible for all applicable taxes, and we’ll cha | ||||
| > | rge tax when required. If your payment cannot be completed, we may downgrade you | ||||
| > | r account or suspend your access to our Services until payment is received. | ||||
| 88 | Cancellation. You can cancel your paid subscription at any time. Payments are n | ||||
| > | on-refundable, except where required by law. These Terms do not override any man | ||||
| > | datory local laws regarding your cancellation rights. | ||||
| 89 | If you purchased your subscription from an mobile app store, you'll need to canc | ||||
| > | el your subscription and submit a request for a refund through the Apple App Sto | ||||
| > | re or Google Play using the links below: | ||||
| 90 | Apple App Store purchases | ||||
| 91 | Google Play purchases | ||||
| 92 | If you purchased your subscription via the website, please follow the instructio | ||||
| > | ns in our Help Center. | ||||
| 93 | Changes. We may change our prices from time to time. If we increase our subscrip | ||||
| > | tion prices, we will give you at least 30 days’ notice and any price increase wi | ||||
| > | ll take effect on your next renewal so that you can cancel if you do not agree t | ||||
| > | o the price increase. Please note the features and functionality of our paid Ser | ||||
| > | vices are often dynamic and may be subject to change at any time without prior n | ||||
| > | otice. | ||||
| 94 | Indemnity and Release | ||||
| 95 | You agree to release, indemnify and hold Character.AI and its affiliates and the | ||||
| > | ir officers, employees, directors and agents harmless from any and all losses, d | ||||
| > | amages, and expenses of any kind arising out of or relating to your use of the S | ||||
| > | ervices. Without limiting the foregoing, the release and indemnification describ | ||||
| > | ed above includes reasonable attorneys’ fees, rights, claims, actions of any kin | ||||
| > | d and injury (including death) arising out of or relating to your use of the Ser | ||||
| > | vices. | ||||
| 96 | If you are a California resident, you waive California Civil Code Section 1542, | ||||
| > | which says: | ||||
| 97 | A general release does not extend to claims that the creditor or releasing party | ||||
| > | does not know or suspect to exist in his or her favor at the time of executing | ||||
| > | the release and that, if known by him or her, would have materially affected his | ||||
| > | or her settlement with the debtor or released party. | ||||
| 98 | If you are a resident of another jurisdiction, you waive any comparable statute | ||||
| > | or doctrine. | ||||
| 99 | Disclaimer of Warranty | ||||
| 100 | Your use of the Services is at your sole risk. The site is provided on an “AS IS | ||||
| > | ” and “AS AVAILABLE” basis. Character.AI expressly disclaims all warranties of a | ||||
| > | ny kind, whether express, implied or statutory, including, but not limited to th | ||||
| > | e implied warranties of merchantability, fitness for a particular purpose, title | ||||
| > | and non-infringement. Character.AI makes no warranty that (i) the Services will | ||||
| > | meet your requirements, (ii) the Services will be uninterrupted, timely, secure | ||||
| > | , or error-free, or (iii) the results that may be obtained from the use of the S | ||||
| > | ervices will be accurate or reliable. | ||||
| 101 | Limitation of Liability | ||||
| 102 | You understand and agree that Character.AI will not be liable for any indirect, | ||||
| > | incidental, special, consequential, or exemplary damages, or damages for loss of | ||||
| > | profits including but not limited to damages for loss of goodwill, use, data or | ||||
| > | other intangible losses (even if Character.AI has been advised of the possibili | ||||
| > | ty of such damages), whether based on contract, tort, negligence, strict liabili | ||||
| > | ty or otherwise, resulting from: (i) the use or the inability to use the Service | ||||
| > | s; (ii) your access, use, creation of, or interaction with any content, Characte | ||||
| > | r or Generated Content; (iii) your sharing with any third party of any content, | ||||
| > | Character or Generated Content; (iv) unauthorized access to or alteration of you | ||||
| > | r transmissions or data; (v) statements or conduct of any third party (including | ||||
| > | users) on the Services; or (vi) any other matter relating to the Services. In n | ||||
| > | o event will Character.AI’s total liability to you for all damages, losses or ca | ||||
| > | uses of action exceed the greater of: (i) $100; or (ii) the amount you paid Char | ||||
| > | acter.AI (if any) in connection with your use of the Services. | ||||
| 103 | Some jurisdictions do not allow the exclusion of certain warranties or the limit | ||||
| > | ation or exclusion of liability for incidental or consequential damages. Accordi | ||||
| > | ngly, some of the limitations set forth above may not apply to you. If you are d | ||||
| > | issatisfied with any portion of the site or with these terms of use, your sole a | ||||
| > | nd exclusive remedy is to discontinue use of the Services. | ||||
| 104 | This paragraph applies if you are located in the European Economic Area: No exem | ||||
| > | ption from liability applies to damages insofar as these are based on a breach o | ||||
| > | f a cardinal contractual obligation or on intentional or grossly negligent behav | ||||
| > | ior on our part or our legal representatives or employees. If we breach a cardin | ||||
| > | al contractual obligation only through slight negligence, our liability is limit | ||||
| > | ed to the foreseeable typical damage. The liability for culpable injury to life, | ||||
| > | body, or health remains unaffected. | ||||
| 105 | Dispute Resolution By Binding Arbitration | ||||
| 106 | This section affects your rights so please read it carefully. | ||||
| 107 | Agreement to Arbitrate. This Dispute Resolution by Binding Arbitration section o | ||||
| > | f the Terms is referred to in these Terms as the “Arbitration Agreement.” You an | ||||
| > | d Character.AI agree that any and all disputes or claims that have arisen or may | ||||
| > | arise between you and Character.AI, whether arising out of or relating to these | ||||
| > | Terms (including any alleged breach thereof), the Website or Services, any aspe | ||||
| > | ct of the relationship or transactions between us, shall be resolved exclusively | ||||
| > | through final and binding arbitration, rather than a court, in accordance with | ||||
| > | the terms of this Arbitration Agreement, except that you may assert individual c | ||||
| > | laims in small claims court, if your claims qualify. JAMS will administer the ar | ||||
| > | bitration and will select the arbitrator as described below. The Federal Arbitra | ||||
| > | tion Act governs the validity and enforcement of this Arbitration Agreement. | ||||
| 108 | This Arbitration Agreement does not preclude you from bringing issues to the att | ||||
| > | ention of federal, state, or local agencies, and such agencies can, if the law a | ||||
| > | llows, seek relief against Character.AI on your behalf. | ||||
| 109 | Jury Trial and Class Action Waivers. You and Character.AI agree that, by enterin | ||||
| > | g into these Terms, you and Character.AI are each waiving the right to a trial b | ||||
| > | y jury or to participate in a class action. Your rights will be determined by a | ||||
| > | neutral arbitrator, not by a judge or a jury. | ||||
| 110 | How to Opt Out. If you do not want to be bound by the Arbitration Agreement, you | ||||
| > | must notify Character.AI in writing by email to arbitration@character.ai within | ||||
| > | 30 days of the date you first agree to the Terms, stating that you do not want | ||||
| > | to resolve disputes with Character.AI by arbitration. Opting out of the Arbitrat | ||||
| > | ion Agreement will not affect any other part of the Terms. | ||||
| 111 | Pre-Arbitration Dispute Resolution Process. Character.AI is always interested in | ||||
| > | resolving disputes amicably and fairly, and so if you have concerns, we strongl | ||||
| > | y encourage you to first contact us at support.character.ai. Our support team is | ||||
| > | available to help and usually can resolve any concerns you may have. | ||||
| 112 | If that is not successful, a party intending to seek arbitration must first send | ||||
| > | to the other, by certified mail, a written Notice of Dispute (“Notice”). The No | ||||
| > | tice to Character.AI should be sent to: Character Technologies, Inc. #1152 700 E | ||||
| > | l Camino Real Suite 120 Menlo Park CA 94025 (“Notice Address”). The Notice must | ||||
| > | (i) describe the nature and basis of the claim or dispute and (ii) state the spe | ||||
| > | cific relief requested. | ||||
| 113 | You and Character.AI agree to allow 60 calendar days after the Notice is receive | ||||
| > | d for us to try to resolve any dispute through negotiations. During that time, n | ||||
| > | either party may submit the claim to arbitration. If Character.AI and you do not | ||||
| > | resolve the claim within 60 calendar days after the Notice is received, you or | ||||
| > | Character.AI may commence an arbitration proceeding. During the arbitration, the | ||||
| > | amount of any settlement offer made by Character.AI or by you shall not be disc | ||||
| > | losed to the arbitrator until after the arbitrator determines the amount, if any | ||||
| > | , to which you or Character.AI is entitled. | ||||
| 114 | Arbitration Procedures. Arbitration will be conducted by one neutral arbitrator | ||||
| > | in accordance with the JAMS Streamlined Arbitration Rules and Procedures (collec | ||||
| > | tively, the “JAMS Rules”), as modified by this Arbitration Agreement. For inform | ||||
| > | ation on JAMS and the JAMS Rules, please visit its website, https://www.jamsadr. | ||||
| > | com. If there is any inconsistency between any term of the JAMS Rules and any te | ||||
| > | rm of this Arbitration Agreement, the applicable terms of this Arbitration Agree | ||||
| > | ment will control unless the arbitrator determines that the application of the i | ||||
| > | nconsistent Arbitration Agreement terms would not result in a fundamentally fair | ||||
| > | arbitration. All issues are for the arbitrator to decide, including, but not li | ||||
| > | mited to, issues relating to the scope, enforceability, and arbitrability of thi | ||||
| > | s Arbitration Agreement. Although arbitration proceedings are usually simpler an | ||||
| > | d more streamlined than trials and other judicial proceedings, the arbitrator ca | ||||
| > | n award the same damages and relief on an individual basis that a court can awar | ||||
| > | d to an individual under the Terms and applicable law. Decisions by the arbitrat | ||||
| > | or are enforceable in court and may be overturned by a court only for very limit | ||||
| > | ed reasons. | ||||
| 115 | Unless Character.AI and you agree otherwise, any arbitration hearings will take | ||||
| > | place in San Francisco, California. If attending arbitration hearings in San Fra | ||||
| > | ncisco, California would cause you a severe hardship, the location of arbitratio | ||||
| > | n hearings shall be determined by the arbitrator appointed by JAMS in a virtual | ||||
| > | or otherwise mutually accessible proceeding. If your claim is for $10,000 or les | ||||
| > | s, Character.AI agrees that you may choose whether the arbitration will be condu | ||||
| > | cted solely based on written submissions and documents submitted to the arbitrat | ||||
| > | or or whether there also will be a hearing, and you may choose whether any such | ||||
| > | hearing will be by telephone or video conference, or by an in-person hearing as | ||||
| > | established by the JAMS Rules. If your claim exceeds $10,000, the right to a hea | ||||
| > | ring will be determined by the JAMS Rules. At the end of the arbitration, the ar | ||||
| > | bitrator shall issue a reasoned written decision (called an award) sufficient to | ||||
| > | explain the essential findings and conclusions on which the award is based. | ||||
| 116 | Requirement of Individualized Arbitration and Relief. You and Character.AI agree | ||||
| > | that each of us may bring claims against the other only on an individual basis | ||||
| > | and not as a plaintiff or class member in any purported class or representative | ||||
| > | action or proceeding. Except for Mass Arbitrations described in the immediately | ||||
| > | following paragraph, unless both you and Character.AI agree otherwise, the arbit | ||||
| > | rator may not consolidate or join more than one person’s or party’s claims and m | ||||
| > | ay not otherwise preside over any form of a consolidated, representative, or cla | ||||
| > | ss proceeding. Also, the arbitrator may award relief (including monetary, injunc | ||||
| > | tive, and declaratory relief) only in favor of the individual party seeking reli | ||||
| > | ef and only to the extent necessary to provide relief for the party’s individual | ||||
| > | claims. Any relief awarded cannot be granted to or affect other users. | ||||
| 117 | Mass Arbitrations. If 25 or more individuals who are represented by either the s | ||||
| > | ame law firm or law firms acting in coordination submit similar arbitration clai | ||||
| > | ms against the same party or related parties, you and Character.AI agree that th | ||||
| > | e JAMS Mass Arbitration Procedures and Guidelines will apply to those claims as | ||||
| > | a Mass Arbitration. The JAMS Mass Arbitration Procedures and Guidelines are spec | ||||
| > | ially designed to facilitate the fair, expeditious, and efficient resolution of | ||||
| > | mass arbitrations; they are published at https://www.jamsadr.com/mass-arbitratio | ||||
| > | n-procedures. | ||||
| 118 | In addition to being governed by the JAMS Mass Arbitration Procedures and Guidel | ||||
| > | ines, all Mass Arbitration involving 75 or more claimants must be resolved in a | ||||
| > | two-stage Bellwether Process as follows: | ||||
| 119 | Stage One. Claimants’ counsel and Character.AI will each select ten Test Cases ( | ||||
| > | twenty cases total) to be resolved individually by different arbitrators in acco | ||||
| > | rdance with the JAMS Rules. If claimants’ counsel or Character.AI do not select | ||||
| > | Test Cases in a reasonable time, the Process Administrator shall select all twen | ||||
| > | ty Test Cases. Until those cases are resolved, no other Mass Arbitration claims | ||||
| > | may proceed in any arbitration, and neither you or us will be responsible for or | ||||
| > | cause JAMS to charge any case management fee(s) or arbitration appointment fee( | ||||
| > | s) for those cases. Stage One shall be deemed complete upon final resolution of | ||||
| > | all Test Cases. | ||||
| 120 | Stage Two. After Stage One is complete, and within 90 days, Character.AI and all | ||||
| > | remaining Mass Arbitration claimants shall participate in a single mediation of | ||||
| > | all remaining cases, before a mutually-agreed-upon mediator. Character.AI will | ||||
| > | pay the mediation fee. If the parties cannot agree on how to resolve the remaini | ||||
| > | ng cases after mediation, the Mass Arbitration may proceed in accordance with th | ||||
| > | e JAMS Rules and JAMS Mass Arbitration Procedures and Guidelines. | ||||
| 121 | The Bellwether Process may be modified in whole or in part by mutual agreement o | ||||
| > | f you and Character.AI. The Process Administrator shall resolve any disputes abo | ||||
| > | ut the applicability or enforceability or the Bellwether Process. | ||||
| 122 | Costs of Arbitration. Payment of all filing, administration, and arbitrator fees | ||||
| > | will be governed by the JAMS Rules and the JAMS Arbitration Schedule of Fees an | ||||
| > | d Costs in effect when the arbitration is started, unless otherwise provided in | ||||
| > | this Arbitration Agreement. Where the arbitration is part of a Mass Arbitration | ||||
| > | subject to the JAMS Mass Arbitration Procedure and Guidelines, the arbitration f | ||||
| > | ees will be as established in the JAMS Mass Arbitration Procedures Fee Schedule. | ||||
| 123 | Confidentiality. All aspects of the arbitration proceeding, and any ruling, deci | ||||
| > | sion, or award by the arbitrator, will be strictly confidential for the benefit | ||||
| > | of all parties. | ||||
| 124 | Small Claims. Despite the Arbitration Agreement, either you or Character.AI may | ||||
| > | bring an action seeking only individualized (non-class) relief in the small clai | ||||
| > | ms court for the county of your billing address, so long as the action is not re | ||||
| > | moved or appealed to a court of general or federal jurisdiction. If either you o | ||||
| > | r Character.AI initiates an arbitration claim that could be presented to the sma | ||||
| > | ll claims court, the other party may, in its discretion, require that the arbitr | ||||
| > | ation demand be withdrawn and that the claim be filed instead in the small claim | ||||
| > | s court for the county of your billing address, so long as the action is not rem | ||||
| > | oved or appealed to a court of general or federal jurisdiction. Any dispute abou | ||||
| > | t whether a claim falls within any given small claims court’s jurisdiction will | ||||
| > | be resolved by that small claims court, not by an arbitrator. In the event of an | ||||
| > | y such dispute, the arbitration proceeding will remain closed unless and until t | ||||
| > | he small claims court issues a decision that the claim should proceed in arbitra | ||||
| > | tion. | ||||
| 125 | Severability. If a court or the arbitrator decides that any term or provision of | ||||
| > | this Arbitration Agreement is invalid or unenforceable, the parties agree to re | ||||
| > | place such term or provision with a term or provision that is valid and enforcea | ||||
| > | ble and that comes closest to expressing the intention of the invalid or unenfor | ||||
| > | ceable term or provision, and this Arbitration Agreement shall be enforceable as | ||||
| > | so modified. The remainder of the Terms will continue to apply. | ||||
| 126 | For avoidance of doubt, nothing in this Arbitration Agreement shall affect any n | ||||
| > | on-waivable statutory rights that apply to you. To the extent any claim, dispute | ||||
| > | or controversy covered by the Terms isn’t arbitrable under applicable laws or o | ||||
| > | therwise, you agree such claim or dispute will be resolved exclusively in accord | ||||
| > | ance with the subsection of these Terms titled “Choice of Law, Jurisdiction, Ven | ||||
| > | ue” below. | ||||
| 127 | Future Changes to Arbitration Agreement. Notwithstanding any provision in these | ||||
| > | Terms to the contrary, Character.AI agrees that if it makes any future change to | ||||
| > | this Arbitration Agreement (other than a change to the Notice Address) while yo | ||||
| > | u are a user of the Services, you may reject any such change by sending Characte | ||||
| > | r.AI written notice within thirty 30 calendar days of the change to the Notice A | ||||
| > | ddress provided above. By rejecting any future change, you are agreeing that you | ||||
| > | will arbitrate any dispute between us in accordance with the language of this A | ||||
| > | rbitration Agreement as of the date you first accepted these Terms (or accepted | ||||
| > | any subsequent changes to these Terms). | ||||
| 128 | Termination | ||||
| 129 | You agree that Character.AI, in its sole discretion, may suspend or terminate yo | ||||
| > | ur account (or any part thereof) or use of the Services and remove and discard a | ||||
| > | ny content within the Services, for any reason, including, without limitation, f | ||||
| > | or lack of use or if Character.AI believes that you have violated or acted incon | ||||
| > | sistently with the letter or spirit of these Terms. | ||||
| 130 | If you are suspended or your account is terminated from the Services, or content | ||||
| > | which you generate, upload, or share is removed from the Services, or access to | ||||
| > | it is restricted, in breach of these Terms of Service, you have a right to brin | ||||
| > | g proceedings for breach of contract if granted under local law. | ||||
| 131 | Character.AI may also in its sole discretion and at any time discontinue providi | ||||
| > | ng the Services, or any part thereof, with or without notice. You agree that any | ||||
| > | termination of your access to the Services under any provision of these Terms m | ||||
| > | ay be effected without prior notice, and acknowledge and agree that Character.AI | ||||
| > | may (but has no obligation to) immediately deactivate or delete your account an | ||||
| > | d all related information and files in your account and/or bar any further acces | ||||
| > | s to such files or the Services. Termination of your account or access to any co | ||||
| > | mponent of the Services will not terminate Character.AI’s rights to your Content | ||||
| > | . Further, you agree that Character.AI will not be liable to you or any third pa | ||||
| > | rty for any termination of your access to the Services. | ||||
| 132 | General | ||||
| 133 | Entire Agreement. These Terms constitute the entire agreement between you and Ch | ||||
| > | aracter.AI and govern your use of our Services, superseding any prior agreements | ||||
| > | between you and Character.AI with respect to the Services. | ||||
| 134 | Choice of Law, Jurisdiction, Venue. If you are not a consumer in the European Ec | ||||
| > | onomic Area, these Terms are governed by the laws of the State of California wit | ||||
| > | hout regard to its conflict of law provisions, and with respect to any disputes | ||||
| > | or claims not subject to arbitration, as set forth above, you and Character.AI a | ||||
| > | gree to submit to the personal and exclusive jurisdiction of the state and feder | ||||
| > | al courts located within Santa Clara County, California. | ||||
| 135 | If you are a consumer in the European Economic Area, these Terms are governed by | ||||
| > | the laws of the country of your habitual residence, without regard to its confl | ||||
| > | icts of law provisions.If you are a consumer and have your habitual residence in | ||||
| > | the EU, you enjoy the protection afforded to you by the mandatory provisions of | ||||
| > | the law of your country of residence. You and Character.AI agree to submit to t | ||||
| > | he non-exclusive jurisdiction of the state and federal courts located within San | ||||
| > | ta Clara County, California. This means that you may bring a claim to enforce yo | ||||
| > | ur consumer protection rights in connection with these Conditions of Use in Cali | ||||
| > | fornia or in the member state of the European Economic Area in which you live | ||||
| 136 | We are neither willing nor obligated to participate in dispute resolution procee | ||||
| > | dings with consumers before a consumer arbitration board under the EU Directive | ||||
| > | on Consumer ADR. | ||||
| 137 | Severance. If any provision of these Terms is found by a court of competent juri | ||||
| > | sdiction to be invalid, the parties agree that the court should try to give effe | ||||
| > | ct to the parties’ intentions as reflected in the provision, and the other provi | ||||
| > | sions of these Terms remain in full force and effect. | ||||
| 138 | No Waiver. Any failure of Character.AI to exercise or enforce any right or provi | ||||
| > | sion of these Terms does not constitute a waiver of such right or provision. | ||||
| 139 | Expiration of Claims. You agree that regardless of any statute or law to the con | ||||
| > | trary, any claim or cause of action arising out of or related to use of the Webs | ||||
| > | ite or these Terms must be filed within one year after such claim or cause of ac | ||||
| > | tion arose or be forever barred. | ||||
| 140 | The following clause applies if you are located in the European Economic Area: T | ||||
| > | he above expiration of claims does not apply insofar as claims are based on a br | ||||
| > | each of a cardinal contractual obligation or on intentional or grossly negligent | ||||
| > | behavior on our part or our legal representatives or employees. The liability f | ||||
| > | or culpable injury to life, body, or health remains unaffected. | ||||
| 141 | Assignment. You may not assign these Terms without the prior written consent of | ||||
| > | Character.AI, but Character.AI may assign or transfer these Terms, in whole or i | ||||
| > | n part, without restriction. | ||||
| 142 | Notice. Notices to you, including notices about changes to these Terms, may be m | ||||
| > | ade via either email or postal service. You agree to provide Character.AI with a | ||||
| > | current email address, to periodically monitor your email for communications fr | ||||
| > | om Character.AI, and to provide Character.AI with an updated email address if yo | ||||
| > | u can no longer receive email at the address you previously provided. The Site m | ||||
| > | ay also provide notices to you of changes to these Terms or other matters by dis | ||||
| > | playing notices or links to notices generally on the Services. | ||||
| 143 | Changes to these Terms | ||||
| 144 | We reserve the right, at our sole discretion, to change or modify portions of th | ||||
| > | ese Terms at any time. If we do this, we will post the changes on this page and | ||||
| > | will indicate at the top of this page the date these terms were last revised. Ma | ||||
| > | terial changes will become effective no earlier than 30 days after they are post | ||||
| > | ed, except that changes addressing new functions of the Services or changes made | ||||
| > | for legal reasons will be effective immediately. Your continued use of the Serv | ||||
| > | ices after the date any such changes become effective constitutes your acceptanc | ||||
| > | e of the new Terms. | ||||
| 145 | Contact Us | ||||
| 146 | If you have any questions about our Services, or to report any violations of the | ||||
| > | se Terms, please contact us at support@character.ai. | ||||
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