By accessing or using the touchy.ai website (the “Website”), including all content provided through the Website, the touchy.ai mobile application available on Apple’s App Store or the Google Play Marketplace (the “App(s)”), or any associated content such as email feeds or other related services (collectively referred to as the “Service”), the person or entity accessing or using the Service (“You”) agree (a) that You have read and understood these Terms of Use (“TOU”), including our Privacy Policy; and (b) that these TOU have the same effect as a signed contract.

The Service allows users to create characters and interact with both their own creations and those made by other users, using a generative artificial intelligence (AI) chat feature. Basic access to the Service is free, with additional message credits available for full access as described on our website and mobile apps. Touchy.ai offers in-app purchases to enhance your experience.

By using the Service, You confirm that You are over the age of 18 and fully capable of understanding and agreeing to these TOU, including all responsibilities, obligations, and liabilities. You also confirm that You have not previously been suspended or banned from the Service.

WARNING: PLEASE CAREFULLY READ THESE TOU, OUR PRIVACY POLICY, AND OUR COMMUNITY GUIDELINES BEFORE USING THE SERVICE. DOWNLOADING OR ACCESSING ANY PART OF THE SERVICE INDICATES YOUR ACCEPTANCE OF THESE TOU AND CONSENT TO OUR PRIVACY POLICY IN FULL. IF YOU DO NOT AGREE TO THESE TOU AND PRIVACY POLICY, DO NOT USE THE WEBSITE, AND DELETE ANY DOWNLOADED APPLICATIONS AND MATERIALS IMMEDIATELY.

We retain the right to modify, suspend, or discontinue the Service (or any portion thereof), either temporarily or permanently, with or without notice, and we are not obligated to provide updates or support. YOU AGREE THAT TOUCHY.AI WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY IF WE EXERCISE OUR RIGHT TO MODIFY OR DISCONTINUE THE SERVICE. Any new features added to the Service will also be governed by these TOU, unless stated otherwise.

These TOU are subject to change at any time. We recommend reviewing the TOU regularly. BY USING THE SERVICE, YOU AGREE TO BE BOUND BY THE LATEST VERSION OF THE TOU. If significant changes are made to these TOU, we will notify You by displaying them again upon your next access to the Service and sending an email to the address we have on file for You. If we do not have your email, we will update this page accordingly.

The TOU include disclaimers of warranties, limitations of liability, indemnification provisions, and a waiver of class actions in Sections 1, 3, 4, 8, 11, 14-17, 20, and in the Apple and Google required terms at the end. Please review these sections (and all other terms) carefully.


Our Privacy Policy outlines the information collected when You use our Service and explains how Touchy.ai processes and shares any personal data You provide. This Privacy Policy is part of our Terms of Use (TOU). By agreeing to these TOU, You also consent to the collection, use, and sharing of Your personal information as described in our Privacy Policy. Please click here to read our full Privacy Policy.


The Service may include links to third-party websites and online services, such as apps or social media platforms, that are not controlled by Touchy.ai. Touchy.ai has no control over the content, privacy policies, or practices of these third parties, and we do not assume any responsibility for them. Accessing these external websites and services is at Your own risk. These links are provided for convenience and do not imply endorsement or recommendation by Touchy.ai. We cannot modify or control the content of third-party sites.

BY USING THE SERVICE, YOU RELEASE Touchy.ai, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, LICENSORS, AND SUPPLIERS FROM ALL LIABILITY ARISING FROM YOUR USE OF THIRD-PARTY WEBSITES OR SERVICES. Any loss or damage incurred from interacting with third-party websites is solely Your responsibility. We encourage You to exercise caution and review the terms and conditions of any third-party sites You visit.

Unless agreed otherwise in writing, You may link to the Website from Your own website under the following conditions: (1) The Website cannot be framed; (2) The “back” function of an end-user’s browser cannot be hindered; (3) The link must be plain text, without using the Touchy.ai logo; (4) No Touchy.ai logos may be used in any way; (5) The link should not imply any endorsement by or affiliation with Touchy.ai; (6) The link cannot appear on any inappropriate website; and (7) We reserve the right to revoke Your permission to link to the Website at any time, with or without cause.


You and other users have the opportunity to submit various types of content, such as feedback, notes, graphics, images, videos, and other communications (collectively referred to as “User Submissions”). While Touchy.ai welcomes Your contributions, User Submissions are considered non-confidential and non-proprietary unless explicitly stated otherwise in our Privacy Policy.

You agree to the following terms regarding User Submissions:
Confidentiality and Compensation: Touchy does not guarantee confidentiality for User Submissions and does not provide compensation for them. We are not obligated to respond to or publish any submissions.
User Responsibility: You are solely responsible for the content of Your User Submissions and any consequences that arise from posting them. Touchy does not claim ownership of Your User Submissions.
License Grant: By submitting User Submissions, You grant Touchy a worldwide, non-exclusive, royalty-free, perpetual, and transferable license to use, distribute, reproduce, and create derivative works based on Your submissions for any purpose related to the Service.
Derivative Works: Any derivative works created from Your User Submissions become the exclusive property of Touchy.ai.
Representation and Warranty: You represent that You have the right to submit the material and that it does not violate any laws or third-party rights. You agree not to submit inappropriate content or infringe on others' copyrights.
Moderation: Touchy reserves the right to monitor, edit, or remove User Submissions and block users without notice for violating the TOU. Touchy has discretion to determine whether content complies with our guidelines.
Exposure to Content: You may encounter User Submissions that are inaccurate or offensive. Touchy is not responsible for the accuracy or legality of User Submissions.
Indemnification: You agree to indemnify Touchy.ai, Apple, and Google from any liability related to Your User Submissions.


Touchy.ai reserves the right to take action against users who violate these Terms of Use (TOU) or the Community Guidelines. This may include disabling or terminating accounts for actions such as:

Copyright Infringement: Submitting infringing content, especially if done repeatedly.
Non-Payment: Failure to pay applicable fees for the Service.
False Information: Providing false or inaccurate information.
Breach of TOU: Violating the terms and warranties outlined in these TOU.
Policy Violations: Engaging in prohibited content or behavior under the Community Guidelines.
Misuse of Rights: Misusing Touchy.ai’s intellectual property or content.
Touchy.ai will determine appropriate actions to ensure a safe and positive experience for all users.


When utilizing the Service, it is important to follow Touchy.ai’s Community Guidelines. Specifically, you must avoid the following activities:

Improper Use of Features: Using the Service for any purpose other than its intended use.
Unauthorized Copying and Distribution: Reproducing, downloading, or distributing any part of the Service without prior written consent from Touchy.ai (except for your own chat content with created characters).
Alteration and Derivative Works: Modifying, changing, or creating derivative works based on any portion of the Service without prior written consent from Touchy.ai.
Commercial Use: Attempting to commercially exploit or offer third parties access to the Service, the rights granted under these Terms, or any Content.
Unpermitted Content Usage: Modifying, copying, distributing, downloading, scraping, training software or AI, or transmitting any Content from the Service other than your own legally posted content and text from your chats with characters you’ve created.
Falsified Information and Unauthorized Account Creation: Providing false personal details or creating an account for anyone other than yourself without proper authorization.
Security Breaches: Compromising the security of your account by sharing login details, allowing unauthorized access to your account, or engaging in activities that could jeopardize its security.
Account Transfer and Assignment: Transferring or assigning your account or login credentials to anyone else without proper authorization.
Prohibited Activities: Participating in activities like posting illegal or harmful content, infringing on intellectual property, damaging the Service, or breaching legal regulations.
Illegal Solicitation: Participating in or facilitating gambling, gaming, raffles, lotteries, sweepstakes, or other prize-related activities.
Impersonation and Misrepresentation: Pretending to be someone else or falsely claiming affiliation with a person or entity.
Privacy Violations: Collecting personal data from other users without their consent.
Harmful Content and Unsolicited Advertising: Posting harmful or unauthorized content, or engaging in spam, advertising, or any unsolicited solicitation.
Security Threats: Uploading or transmitting harmful files, software, or code that could damage, disable, or impair the Service.
Child Protection and Data Privacy: Posting or submitting personal information of minors under 18 years old, or data that could identify or locate such minors.
Touchy.ai will cooperate with law enforcement or legal orders requesting the disclosure of individuals’ identities involved in violating these Terms of Use. Touchy.ai prioritizes children's online safety and prohibits the submission of personal details regarding individuals under 18 years old. If you are under 18, please refrain from submitting personal data or using the Service.


All elements of the Service, including graphics, videos, text, software, images, audio, scripts, artwork, designs, templates, layouts, interactive features, and associated data (collectively referred to as "Content"), and trademarks, service marks, and logos ("Marks") are either owned by or licensed to Touchy.ai. These are protected under both U.S. and international copyright and intellectual property laws. Touchy.ai holds the copyright for the arrangement, selection, and enhancement of the Content. Unauthorized use of the Service or Marks may violate copyright, trademark, and other legal protections. The "TOUCHY.AI" name and logo are trademarks owned by Touchy.ai.

You may view, copy, and print pages from the Service for personal use. However, the Service, including its Content and Marks, may not be copied, reproduced, altered, distributed, performed, streamed, transmitted, broadcast, displayed, sold, licensed, or exploited for any purpose other than personal use without written consent from the relevant rights holders. Touchy.ai retains all rights not explicitly granted within the Service, Content, and Marks. Users agree not to use, copy, or distribute Content, except for legally posted User Submissions, for commercial purposes. It is prohibited to incorporate Content into hardware or software, or to make it accessible through frames or in-line links without prior written consent from Touchy.ai. Creating indices or building businesses using the Content, or interfering with security measures of the Service, is also prohibited.


Touchy.ai is not responsible for any third-party advertisements or materials posted or transmitted through the Service, including those provided by Advertisers. Any dealings or transactions with Advertisers are solely between you and the Advertiser, and Touchy.ai disclaims any liability for any damages or loss resulting from such transactions.

By using the Service, you assume all associated risks and release Touchy.ai, Apple, and Google from any claims, demands, or damages arising from your use of the Service or transactions with Advertisers or third parties. You also waive any rights under applicable statutory laws that may limit the scope of this release. Additionally, you waive any rights under Section 1542 of the California Civil Code or similar laws.


If you believe that any Content, User Submissions, or materials linked to or referenced by Touchy.ai infringe your intellectual property rights, you may submit a notice under the Digital Millennium Copyright Act (DMCA). Your notice should include the following:

A signature (physical or electronic) from a person authorized to act on behalf of the owner of the exclusive right allegedly infringed.
Identification of the copyrighted work(s) being infringed or a representative list of such works.
Details on the infringing material and where it is located.
Contact information sufficient for communication.
A statement of good faith belief that the use of the material is unauthorized.
A statement that the information provided is accurate and that you are authorized to act on behalf of the rights holder.
Please send DMCA notifications to Touchy.ai’s Copyright Compliance Department at the provided address.

Failure to meet these requirements may invalidate your DMCA notice. Emails or notices with improper subject lines or for non-IP issues may not be responded to.


Touchy.ai addresses complaints related to potential trademark or celebrity material infringements within the Service's Content. Trademarks refer to logos, brand names, or visual elements associated with products or services.

Celebrities and some individuals have a "right of publicity," meaning they control the commercial use of their name, image, likeness, and identity. Unauthorized use of such materials without permission may infringe on their rights.

If you believe your rights have been infringed upon, submit an infringement notice to our designated agent, as outlined in Section 9. If you are a trademark owner or celebrity, or an authorized representative, you may submit this notice.

For trademark issues, provide a copy of the trademark registration from the U.S. Patent and Trademark Office and specify where the alleged infringement occurs.


The Service may contain typographical errors, inaccuracies, or omissions. We reserve the right to correct these errors without prior notice, even after your registration is complete.

We are not obligated to update, amend, or clarify information on the Service unless required by law. The absence of an update date does not imply that all information has been modified or updated.


Before becoming a member, please review the financial terms and other related policies. We do not provide refunds for usage fees. By using the Service, you agree not to initiate chargebacks, except in cases of fraud. In the case of disputes, Touchy.ai reserves the right to decline future transactions or entries from accounts associated with chargebacks and may share your account details with your bank.


By using Touchy.AI, you make the following warranties:

Your registration information is accurate, up-to-date, and not misleading.
You will not falsify your identity or the identity of others.
You have necessary permissions from individuals depicted in photos or media submitted to the Service.
You will use the Service in a lawful manner.
You will keep your login information secure and not share it.


Your use of the Service is entirely at your own risk. The Service is provided to you on an "as is" and "as available" basis. The Touchy.ai Parties, Apple, and Google make no warranties or representations concerning the Service, its Content, or any services, events, or agreements with third parties or advertisers. To the maximum extent permitted by law, the Touchy.ai Parties, Apple, and Google disclaim any and all warranties, whether express, implied, statutory, or otherwise, related to the Service, any software provided, and any third-party agreements. This includes, but is not limited to, implied warranties of availability, non-disruption, security, accuracy, reasonable care, quality, merchantability, fitness for a particular purpose, or non-infringement of third-party rights. Additionally, the Touchy.ai Parties, Apple, and Google do not guarantee the completeness, accuracy, or timeliness of information found on the Service or linked websites or apps, nor do they guarantee uninterrupted or error-free Service. The quality, legality, safety, and compliance of content, products, or services through the Service are not assured, and the Touchy.ai Parties, Apple, and Google are not liable for any issues that may arise from using the Service for SMS, emails, or other notifications. They are not responsible for errors, inaccuracies, personal injury, property damage, or unauthorized access that may occur through the Service.


You agree that the Touchy.ai Parties, Apple, and Google cannot guarantee the quality, legality, or safety of goods or services from third-party advertisers. You agree to indemnify, defend, and hold harmless the Touchy.ai Parties, Apple, and Google against claims, losses, damages, legal costs, and attorney's fees that arise from your use of the Service, violations of these TOU, third-party rights infringements, or any consequences from your user submissions or activities. In case of legal proceedings related to TOU violations, you agree to cover reasonable attorney’s fees incurred by the Touchy.ai Parties, Apple, or Google.

You also consent to receiving notifications through text messages, emails, or other means via the Service. If you send messages governed by the Telephone Consumer Protection Act or CAN-SPAM Act, you agree to indemnify the Touchy.ai Parties for any claims arising from your failure to secure necessary consent for submitting personal information or sending notifications through the Service, including claims under the aforementioned Acts.


Under no circumstances shall the Touchy.ai Parties, Apple, or Google be held liable to you or any third party for any direct, indirect, incidental, special, punitive, or consequential damages resulting from the use of the Service or third-party products or services, whether under these TOU or in relation to any performance or breach thereof. This includes damages arising from negligence, loss of profits, data loss, or business loss, even if advised of the possibility of such damages.

The Touchy.ai Parties, Apple, and Google are not responsible for any damage, loss, or negative consequences resulting from:

Service suspension or disruption, even if caused by the Touchy.ai Parties' negligence.
Errors or inaccuracies in content.
Personal injury or property damage from your access and use of the Service.
Unauthorized access to or use of Touchy.ai's servers.
Interruptions in transmission to or from the Service.
Faulty or inadequate hardware used to operate the Service.
Transmission of bugs, viruses, or other malicious components by third parties.
User submissions, content, or third-party websites/apps.
Unauthorized access to or alteration of your information.
Behavior or actions of any users, advertisers, or third parties through the Service.
Errors or omissions in any content provided.
Any breach of these TOU by Touchy.ai or failure to provide service as stated.
Loss or damage from your use of any content or interactions with advertisers through the Service.

The above limitations on liability apply to the maximum extent allowed by law in your jurisdiction. The Touchy.ai Parties, Apple, and Google are not responsible for damages caused by breaches of warranties or other obligations under these TOU.

The total liability of the Touchy.ai Parties for any claim is limited to the total sum paid by you to Touchy.ai in the last six months. By using the Service, you acknowledge that you may waive rights to claims that are unknown or unsuspected.

Claims related to the Service must be filed within one year from the date of the event causing the action. Claims filed after this period will be void. The Service is operated by Touchy.ai from the United States, and users accessing the Service are responsible for complying with applicable local laws.

Neither party will be in breach of these TOU due to Force Majeure Events. Touchy.ai will notify users about any such events through the Service or by email.


You acknowledge that Touchy.ai has set its prices, offered its services, and entered into these TOU based on the warranty disclaimers and liability limitations in this document. These limitations are fundamental to the agreement and reflect a fair allocation of risk between you and the Touchy.ai Parties.

Equitable Relief

If these TOU are violated, we may seek injunctive relief or other equitable remedies.

Assignment

You may transfer or assign the TOU and rights only with prior written consent from Touchy.ai. Touchy.ai may transfer or assign without notice.

Class Action Waiver

All disputes will be resolved on an individual basis. By accessing and using the Service, you consent to this waiver.

Subpoena Fees

If Touchy.ai responds to a subpoena regarding your account, we may charge you for associated costs.

Export Control

You agree to comply with all relevant laws on software and the export of technical data from the United States.

General

These TOU are the entire agreement and replace all prior agreements. If any provision is invalid, it will be modified to maintain the intent. Each party acknowledges that they did not rely on representations outside these TOU.

Claims relating to the Service must be filed within one year. The Service is based in Delaware, and disputes are subject to the jurisdiction of New Castle County, Delaware.


Touchy.ai and you agree that the TOU are between you and Touchy.ai, not with Apple. Touchy.ai is solely responsible for the Service.
The license for the Service is limited to use on Apple-branded products. Maintenance and support are Touchy.ai's responsibility.
Touchy.ai is responsible for product warranties, with no obligation on Apple's part for maintenance.
Touchy.ai, not Apple, handles claims such as product liability and intellectual property issues.
You confirm compliance with U.S. Government regulations.
Contact Touchy.ai for questions, complaints, or claims.
You must comply with third-party terms.
Apple is a third-party beneficiary of the TOU.


(a) Touchy.ai is solely responsible for the Touchy.ai Mobile APP.
(b) Google Play is governed by its Terms of Service.
(c) Maintenance and support are Touchy.ai's responsibility; contact them for help.
(d) Google does not provide a warranty for the Touchy.ai Mobile application.
(e) Google is not liable for claims related to the Touchy.ai Mobile app.
(f) Google is not responsible for intellectual property infringement claims.
(g) You represent compliance with U.S. Government requirements.
(h) Google may collect usage data from Google Play and your device.
(i) Touchy.ai or Google may remove the app without compensation.