Termos de serviço do OnlyKin

1. Acceptance and Agreement

By using the Service, you represent and warrant that (a) you have the legal capacity to enter into a binding contract; (b) you are at least 18 years of age, or the age of majority in your jurisdiction, whichever is higher; (c) you are not barred from receiving the Service under the laws of any jurisdiction in which you reside or from which you access the Service; and (d) you will use the Service in compliance with these Terms and all applicable laws and regulations. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization, and the terms “you” and “your” refer both to you individually and to that organization.

2. Eligibility and Age Requirements

The Service is intended for adult audiences. You must be at least 18 years old, or the age of majority in your jurisdiction (whichever is higher), to create an account or use the Service. We do not knowingly collect personal information from anyone under 18. If we learn that we have collected personal information from a person under 18, we will delete it as required by law. If you are a parent or guardian and believe your child has provided us with personal information, please contact us at support@onlysearch.ai.

Portions of the Service may include mature themes intended only for adult audiences. You are responsible for ensuring that your access to and use of such content complies with all laws and regulations in your jurisdiction.

3. Account Registration and Security

To access certain features of the Service, you may need to create an account or authenticate through a supported identity provider (for example, Apple, Google, or email). You agree to provide accurate, current, and complete information and to keep that information up to date. You are responsible for safeguarding your account credentials and for all activity that occurs through your account, whether or not authorized by you.

Please notify us promptly at support@onlysearch.ai if you suspect unauthorized access to or use of your account. We are not liable for any loss or damage arising from your failure to comply with the obligations in this section.

We may, at any time and in our sole discretion, refuse registration, reclaim usernames, or require you to change a username for any reason, including infringement, impersonation, or violation of these Terms.

4. Description of the Service

The Service is an artificial-intelligence powered character chat and interactive storytelling platform that allows users to discover AI-driven characters, create and customize their own characters, engage in fictional conversations, and access related features such as recommendations, search, profiles, content moderation tools, and account management. The Service is provided strictly for entertainment, creative, and companionship-style storytelling purposes.

We continuously develop and evolve the Service and may add, modify, suspend, or remove features, products, plans, characters, models, or content at any time, in our sole discretion, with or without notice. We make no commitment that any specific feature, character, model, or content will remain available.

5. License to Use the Service

Subject to your continuing compliance with these Terms, we grant you a personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the Service on devices that you own or control, solely for your personal, non-commercial use. This license does not include any right to (a) sublicense, sell, lease, rent, or otherwise transfer the Service; (b) modify, copy, translate, adapt, or create derivative works of the Service; (c) reverse engineer, decompile, disassemble, or attempt to derive the source code or underlying models, prompts, or weights of the Service, except to the limited extent that applicable law prohibits such restriction; or (d) remove, obscure, or alter any proprietary notices on the Service. All rights not expressly granted to you are reserved by us and our licensors.

6. Subscriptions, Auto-Renewal, and Billing

Certain features of the Service are offered as auto-renewing paid subscriptions (each, a “Subscription”), including without limitation “OnlyKin Pro,” billed on a monthly or annual basis. Subscriptions are sold and billed through your selected app store (the Apple App Store or Google Play) or, where available, through our website using a third-party payment processor. The applicable price, billing period, free-trial terms (if any), and included features are displayed at the point of purchase, and your purchase is final upon confirmation.

Auto-renewal. Subscriptions automatically renew at the end of each billing period at the then-current price for that Subscription unless you cancel at least twenty-four (24) hours before the end of the current period. Your account will be charged for renewal within twenty-four (24) hours prior to the end of the current period. You can review, manage, or cancel your Subscription at any time through your Apple ID or Google Play account settings, or via your payment provider account for web purchases. Cancelling stops future renewals but does not entitle you to a refund of amounts already paid for the current billing period.

Free trials and promotional offers. If you begin a Subscription with a free trial or promotional period, your Subscription will automatically convert to a paid Subscription at the end of the trial or promotional period unless you cancel beforehand in accordance with the cancellation instructions above. Promotional pricing is limited to the period stated at the point of purchase and reverts to the then-standard rate thereafter. Free trials and promotional offers are limited to one per user and may not be combined with other offers.

Price changes. We may change the price of any Subscription from time to time. Price changes will not apply retroactively, and we will provide you with reasonable advance notice (for example, by in-app notice or email) of any price change before it takes effect for you. Your continued use of the Subscription after a price change becomes effective constitutes your agreement to the new price. If you do not agree to a price change, you must cancel your Subscription before the change takes effect.

Taxes. All amounts are exclusive of taxes except where required by law. You are responsible for any applicable sales, use, value-added, withholding, or similar taxes assessed by any governmental authority on your Subscription, in addition to the listed price.

7. In-App Credits and Virtual Items

The Service may include credits, tokens, daily allowances, or other virtual items (collectively, “Credits”) that you can earn or obtain through your Subscription or other in-app offers. Credits have no monetary value, are not transferable, and cannot be redeemed for cash or any other tangible value. Unused Credits may expire, reset, or be reduced from time to time in accordance with the applicable plan terms. We may modify, suspend, or discontinue Credit balances, allowances, or features at any time in our sole discretion.

8. Refunds and Cancellation

Except where required by applicable law or expressly stated in writing by us, all payments are non-refundable, including amounts paid for unused portions of a Subscription period or for Credits that you have not used. Subscriptions purchased through the Apple App Store or Google Play are subject to the refund and cancellation policies of those stores, which we do not control. To request a refund or to dispute a charge for a store purchase, please contact the applicable app store directly. For purchases made through our website, you may contact support@onlysearch.ai and we will respond in accordance with applicable law.

9. User Content and License Grant

The Service allows you to submit, upload, post, create, or otherwise make available content, including without limitation character cards, personas, descriptions, prompts, images, audio, tags, messages, comments, and other materials (collectively, “User Content”). As between you and us, you retain whatever ownership rights you have in your User Content.

License you grant us. You grant us and our affiliates and service providers a worldwide, non-exclusive, royalty-free, fully-paid, sublicensable, and transferable license to host, store, copy, cache, transmit, display, reproduce, modify (for technical purposes such as resizing images, transcoding audio, or reformatting), create derivative works of (such as moderation outputs and search indexes), distribute, and otherwise use your User Content as needed to operate, provide, secure, improve, and promote the Service and to enforce these Terms. This license continues for as long as your User Content is on the Service and for a reasonable period thereafter as necessary for backup, log, or compliance purposes.

Public User Content.If you mark User Content as public—for example, by publishing a character to the discovery feed or making it shareable—you additionally grant us and other users of the Service a worldwide, non-exclusive, royalty-free license to view, interact with, save, chat with, and share that User Content within the Service. You may change the visibility of your User Content at any time, but copies may persist in caches, backups, search indexes, model context, or other users' interactions for a reasonable period after the change.

Your representations. You represent and warrant that (a) you own or have obtained all necessary rights, licenses, consents, and permissions to submit your User Content and to grant the licenses above; and (b) your User Content, our use of your User Content as permitted by these Terms, and your use of the Service do not and will not infringe, misappropriate, or violate any third-party right (including any intellectual-property, privacy, publicity, or contractual right) or any applicable law.

Removal of User Content. We may remove, restrict, or refuse to host any User Content at any time, in our sole discretion, including when we believe in good faith that the content violates these Terms, the rights of others, or any applicable law.

10. Acceptable Use

You agree not to use the Service, and not to encourage or permit any third party to use the Service, to do any of the following:

• Violate any applicable law, regulation, court order, or third-party right.
• Create, request, share, distribute, promote, or solicit (a) child sexual abuse material or any sexual content involving minors; (b) non-consensual sexual content; (c) sexual content depicting real, identifiable persons without their verifiable consent; or (d) any other content that sexually exploits or endangers minors.
• Harass, threaten, defame, intimidate, stalk, doxx, sexually harass, or otherwise harm any person or group.
• Promote, plan, glorify, incite, or provide instructions for terrorism, violent extremism, mass violence, organized crime, self-harm, suicide, eating disorders, or other serious bodily harm.
• Provide instructions for the synthesis, acquisition, or use of weapons (including chemical, biological, radiological, nuclear, or cyber-weapons), explosives, illicit drugs, or other materials intended to cause serious harm.
• Engage in fraud, scams, phishing, identity misrepresentation, or impersonation of any person or entity, including impersonation of OnlyKin or its personnel.
• Distribute viruses, worms, Trojan horses, ransomware, spyware, or other malicious software, or attempt to gain unauthorized access to the Service, other accounts, computer systems, networks, or data.
• Reverse engineer, decompile, disassemble, scrape (other than through publicly documented APIs and in compliance with this Agreement), or attempt to derive the source code, prompts, weights, or training data of the Service or any underlying model.
• Use the Service or any output of the Service to develop a competing product or service, to train, fine-tune, or evaluate any machine-learning model, or to build a substantially similar or derivative dataset.
• Interfere with or disrupt the Service, including by overloading, flooding, sending excessive automated requests, or by bypassing rate limits, paywalls, security measures, age gates, or content filters.
• Upload, share, or transmit content that infringes intellectual-property, privacy, publicity, or other proprietary rights of any third party.
• Collect, store, transmit, or process personal information about other users without their consent or in violation of applicable law.
• Use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other user's use of the Service.

We may, at our sole discretion and without prior notice, investigate suspected violations, remove or limit access to content, restrict or suspend features for any user, suspend or terminate accounts, and refer matters to law enforcement.

11. Reporting Abuse and Content Moderation

We take user safety seriously. You can report objectionable content, abusive behavior, or violations of these Terms from within the app, by tapping the reporting controls on a character or message, or by emailing support@onlysearch.ai. We aim to act on credible reports within twenty-four (24) hours by removing or restricting content, restricting features, or suspending or terminating the responsible account. We may also use automated and human moderation systems to detect and prevent abuse, including the use of safety classifiers and human review.

You also have the right to block other users whose content or behavior you find objectionable. Blocking a user will immediately remove their characters and content from your feeds and prevent further interaction within the Service.

12. AI-Generated Content; Important Notices and Limitations

The Service uses artificial intelligence, including large-language models hosted by us and by third-party providers, to generate responses, character behaviors, voices, images, and other content (collectively, “AI Output”). AI Output is fictional, automatically generated, and may be inaccurate, misleading, offensive, outdated, biased, repetitive, or otherwise inappropriate. AI Output does not represent the views or positions of OnlyKin, its employees, contractors, model providers, or affiliates.

Not professional advice. AI Output is for entertainment and creative purposes only. It is not a substitute for, and does not constitute, professional medical, psychological, psychiatric, legal, financial, tax, accounting, investment, safety, or other advice. Do not rely on AI Output to make important personal, professional, medical, financial, or safety decisions. If you are in crisis or in need of medical or emergency assistance, please contact a qualified professional or your local emergency services immediately.

Fictional characters. All characters provided or generated by the Service are fictional. Any resemblance to actual persons, living or dead, or to actual events is coincidental except where clearly identified as parody, satire, commentary, or other lawful use. Conversations with AI characters do not reflect the views, opinions, knowledge, or consent of any real person.

Similar output. Because AI models can produce similar or identical responses to similar prompts across different users, we cannot guarantee uniqueness of AI Output, and the same or similar AI Output may be generated for other users.

Your responsibility for AI Output. Subject to these Terms and to applicable law, you may use AI Output you generate through the Service for your personal use. You are solely responsible for (a) evaluating the accuracy and appropriateness of AI Output for your intended purpose, (b) deciding how to use, share, or rely on AI Output, and (c) any consequences resulting from such use, including any harm to you or to third parties.

13. Intellectual Property Rights

The Service, including its software, design, text, graphics, logos, icons, images, audio, video, trademarks, models, prompts, workflows, databases, compilations, and underlying technology, is owned by us or our licensors and is protected by copyright, trademark, trade secret, patent, and other intellectual-property laws in the United States and around the world. Except for the limited rights expressly granted in these Terms, we and our licensors reserve all right, title, and interest in and to the Service.

“OnlyKin,” “OnlySearch,” the OnlyKin logo, and related names, marks, designs, and slogans are our trademarks. You may not use them without our prior written permission. All other trademarks, service marks, and logos used in the Service are the property of their respective owners.

DMCA Notices.If you believe that content made available through the Service infringes your copyright, please send a notice that complies with 17 U.S.C. § 512 to support@onlysearch.aiwith the subject line “DMCA Notice.” Your notice should include (a) a physical or electronic signature of the copyright owner or authorized agent; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the allegedly infringing material and information reasonably sufficient to permit us to locate it; (d) your contact information; (e) a statement that you have a good-faith belief that the use is not authorized; and (f) a statement, under penalty of perjury, that the information in the notice is accurate and that you are authorized to act. We may remove allegedly infringing content and may terminate the accounts of repeat infringers in appropriate circumstances.

14. Third-Party Services and App Stores

The Service integrates with third-party services such as Apple, Google, RevenueCat, Supabase, Firebase, Stripe (for web payments where applicable), and one or more third-party AI model providers and gateways. Your use of those services is subject to their own terms and privacy policies, and we are not responsible for their practices, content, accuracy, availability, or security.

Apple-Specific Terms.If you download the Service from the Apple App Store, the following additional terms apply, and these Terms are concluded between you and us only, and not with Apple Inc. or its subsidiaries (“Apple”). (a) Apple is not responsible for the Service or its content. (b) The license granted to you for the Service is limited to a non-transferable license to use the Service on Apple-branded products that you own or control, in accordance with the Usage Rules set forth in the Apple Media Services Terms and Conditions. (c) We are solely responsible for providing maintenance and support of the Service; Apple has no obligation to provide any maintenance or support. (d) In the event of any failure of the Service to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Service to you, if any; to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Service. (e) We, not Apple, are responsible for addressing your claims relating to the Service, including product-liability claims, claims that the Service fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer-protection or similar legislation. (f) We, not Apple, are responsible for the investigation, defense, settlement, and discharge of any third-party intellectual-property infringement claim relating to the Service. (g) You represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo or that has been designated by the U.S. government as a “terrorist-supporting” country, and (ii) you are not listed on any U.S. government list of prohibited or restricted parties. (h) Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

Google Play. If you download the Service from Google Play, your use of the Service is also subject to the Google Play Terms of Service. Google is not a party to these Terms and has no responsibility for the Service.

15. Privacy

Our Privacy Policy describes how we collect, use, share, and protect your information. By using the Service, you acknowledge and agree that you have read and understood the Privacy Policy.

16. Feedback

If you choose to submit suggestions, ideas, comments, reviews, bug reports, or other feedback about the Service (“Feedback”), you grant us an unrestricted, perpetual, irrevocable, royalty-free, worldwide, sublicensable license to use, modify, reproduce, distribute, and otherwise exploit the Feedback for any purpose, without compensation or attribution to you.

17. Suspension and Termination

You may stop using the Service and request deletion of your account at any time at onlykin.ai/account/delete. We may suspend, restrict, or terminate your access to the Service, or any portion of it, at any time, with or without notice and with or without cause, including for (a) actual or suspected violations of these Terms; (b) threats to the security or fair use of the Service; (c) extended periods of inactivity; (d) requests by law enforcement or other government agencies; or (e) as we deem necessary or appropriate to comply with applicable law.

Upon termination, all rights granted to you under these Terms will immediately cease, and we may delete your User Content, account data, and Credits. Sections that by their nature should survive termination (including Sections 7, 9, 12, 13, and 18 through 23, as well as any payment obligations) will survive.

18. Disclaimers and Warranties

THE SERVICE AND ALL CONTENT AND AI OUTPUT MADE AVAILABLE THROUGH THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR HARMFUL COMPONENTS, OR THAT AI OUTPUT WILL BE ACCURATE, RELIABLE, COMPLETE, OR APPROPRIATE FOR ANY PARTICULAR PURPOSE.

Some jurisdictions do not allow the exclusion of certain warranties or limitations on implied warranties; in those jurisdictions, the foregoing exclusions and limitations apply only to the maximum extent permitted by applicable law, and any non-excludable warranties are limited in duration to the minimum period required by such law.

19. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ONLYKIN, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUES, BUSINESS, DATA, GOODWILL, USE, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE SERVICE, AI OUTPUT, OR THESE TERMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN ANY EVENT, OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR (B) FIFTY U.S. DOLLARS (US$50).

The limitations in this section will apply even if any limited remedy fails of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of certain damages; in those jurisdictions, our liability will be limited to the maximum extent permitted by law.

20. Indemnification

You agree to defend, indemnify, and hold harmless OnlyKin and our affiliates, officers, directors, employees, agents, licensors, and service providers from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to (a) your access to or use of the Service; (b) your User Content; (c) your violation of these Terms or any applicable law; or (d) your violation of any third-party right, including any intellectual-property, privacy, or publicity right. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with our defense of such claim.

21. Governing Law and Dispute Resolution

These Terms, and any dispute, claim, or controversy arising out of or relating to these Terms or to the Service (including its formation, performance, breach, or termination), are governed by the laws of the State of California, USA, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms. The Federal Arbitration Act governs the interpretation and enforcement of the arbitration provision below.

Informal resolution. Before filing a formal claim, you agree to first contact us at support@onlysearch.ai with a description of your dispute, and we will attempt to resolve it informally. If we cannot resolve the dispute within sixty (60) days, either party may proceed with formal dispute resolution as described below.

Binding arbitration.Except for the exceptions stated below, any dispute, claim, or controversy arising out of or relating to these Terms or the Service that is not resolved informally will be settled by binding individual arbitration administered by JAMS in San Francisco, California, before a single arbitrator, under the JAMS Streamlined Arbitration Rules and Procedures (or, if the aggregate amount in dispute exceeds US$250,000, the JAMS Comprehensive Arbitration Rules and Procedures), as modified by these Terms. The arbitrator's decision will be final and binding, and judgment on the award may be entered in any court of competent jurisdiction. The arbitrator—and not any federal, state, or local court—will have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement.

Class-action waiver.You and OnlyKin agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of representative, class, or collective proceeding. If this class-action waiver is found to be unenforceable, then the entirety of this arbitration provision will be null and void with respect to the affected claims.

30-day right to opt out. You may opt out of this arbitration agreement by sending written notice of your decision to opt out to support@onlysearch.ai within thirty (30) days after first becoming subject to these Terms. The notice must include your full name, account email, and a clear statement that you opt out of the arbitration agreement contained in these Terms. If you opt out, you and OnlyKin will continue to be governed by the choice-of-law provisions above and will resolve disputes in the state or federal courts located in San Francisco County, California, to which you and OnlyKin consent to personal jurisdiction and venue.

Exceptions.Notwithstanding the foregoing, either party may (a) bring an individual action in small-claims court for disputes within that court's jurisdiction; or (b) seek injunctive or other equitable relief in a court of competent jurisdiction to protect its intellectual-property rights or to prevent unauthorized access to or use of the Service.

22. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will provide reasonable notice (for example, by updating the “Last updated” date at the top of these Terms, by posting an in-app notice, or by emailing the address associated with your account). Your continued use of the Service after the changes take effect constitutes your acceptance of the updated Terms. If you do not agree to the changes, you must stop using the Service and may close your account.

23. Miscellaneous

Entire agreement. These Terms, together with the Privacy Policy and any other policies or agreements you enter into with us in connection with the Service, constitute the entire agreement between you and us regarding the Service and supersede all prior or contemporaneous understandings, agreements, communications, and representations.

Severability. If any provision of these Terms is held invalid, illegal, or unenforceable, that provision will be enforced to the maximum extent permitted by law, and the remaining provisions will remain in full force and effect.

No waiver. Our failure to enforce any right or provision of these Terms will not be deemed a waiver of that right or provision.

Assignment. You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt to do so without consent is void. We may freely assign these Terms, in whole or in part, including in connection with a merger, acquisition, reorganization, financing, or sale of assets.

Force majeure. We will not be liable for any failure or delay in performance caused by events beyond our reasonable control, including acts of God, war, terrorism, civil disturbance, natural disasters, public health emergencies, labor disputes, government action, power or network failures, infrastructure outages, or third-party service interruptions.

Headings. Section headings in these Terms are for convenience only and do not affect interpretation.

Export controls. You agree to comply with all applicable export-control, re-export, and sanctions laws and regulations of the United States and other jurisdictions in your use of the Service, and you represent that you are not located in, under the control of, or a national or resident of any restricted country or a party listed on any restricted-parties list.

Government end users.The Service is “commercial computer software” and “ commercial computer software documentation” as those terms are used in FAR 12.212 and DFARS 227.7202. U.S. Government end users acquire the Service with only those rights specified in these Terms.

Notices. We may provide notices to you by in-app message, email to the address associated with your account, or by posting on our website. You may send notices to us at support@onlysearch.ai.

24. Contact

Questions about these Terms can be sent to support@onlysearch.ai.

OnlySearch AI LLC
Email: support@onlysearch.ai