Introduction, Overview, and Your Agreement
These terms of service (and any other terms or information incorporated into them by reference) (collectively the “Terms”) govern your access and use of MyCharacter.ai (the “Services”).
The Services are provided by MyCharacter.ai (“MyCharacter” ”we,” or “us”) to provide creative generative tools for our users to express their creativity to produce user-generated characters from text prompts, and/or user-prompted character-generated media (“Content”). The Services use an artificial intelligence (“AI”) tool to generate this Content. This use of AI is relatively new and still evolving. As a result, while we have taken — and continue to take — efforts to preclude your creation of extreme content, we cannot guarantee the suitability or appropriateness of the resulting images you generate. You are solely responsible for your use of the Services, including your text prompts, generation of Content, and the consequences of your Content Sharing (as defined below).
By clicking “Yes,” you are representing that you are of a legal age to enter into a binding contract in your legal jurisdiction and agreeing to these Terms. If you are using the Services on behalf of a business or other entity, you also represent that you have authority to bind them to these Terms. If you are not of legal age, do not agree to these Terms, or do not have that authority, you must not access or use the Services and any use would be wholly unauthorized and in violation of these Terms.
By accessing or using the MyCharacter.ai website and/or the data we use from the CharacterGPT Multimodal AI System, including, but not limited to, visiting or browsing the Site, contributing content or other materials to the Site, accessing API related to MyCharacter.ai, and/or creating characters and content that uses data sourced from MyCharacter.ai and/or CharacterGPT, you agree to be bound by these Terms and Conditions and the Community Guidelines and Use Restrictions of the AI Protocol , and if you are an employee or an agent acting for a third party, to bind your employer or that third party to these Terms and Conditions. Intellectual Property
The Site and API data, as well as its original content, features, and functionality, are owned by MyCharacter.ai and are protected by various international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
By using mycharacter.ai, and accessing the associated Multimodal systems, you acknowledge and agree that mycharacter.ai reserves the right,its sole discretion, to add, change, suspend, and/or terminate the use of any Generative Al models and systems utilized by mycharacter.ai to deliver Generative Al services at any time, without prior notice or liability. It is your responsibility to periodically review the Terms of Service for any such modifications, as your continued use of these services constitutes acceptance of any changes made.
We may suspend or terminate your access to the Site and/or API access to MyCharacter.ai for business or operational reasons, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. We will try to give you reasonable notice of any suspension or withdrawal.
Links To Other Sites
Our Site may contain links to third-party sites that are not owned or controlled by MyCharacter.ai.
Changes To This Agreement
We reserve the right, at our sole discretion, to modify or replace these Terms and Conditions by providing reasonable notice of any material changes. Your continued use of the Site and/or API data, after any such changes, constitutes your acceptance of the new Terms and Conditions. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Site or discontinue any use of the Site immediately.
The Community Guidelines apply to your Content and use of the Services, including any Content Sharing (as defined below). Please review both these Guidelines below, as well as the Community Guidelines and Use Restrictions of the AI Protocol carefully.
- You will not use the Services in any manner described below in “Prohibited Uses.”
- Before posting, publishing, or otherwise sharing Content with others (collectively, “Content Sharing”), you must give careful consideration to the potential physical, emotional, mental, financial, and reputational harm that it may have on others. Content that may be acceptable, harmless, satirical, artistic, or humorous to you might be perceived as harassing, threatening, intimidating, upsetting, disturbing, embarrassing, distressing, or hateful to someone else.
ANY VIOLATION OF THESE TERMS (INCLUDING THE COMMUNITY GUIDELINES) MAY RESULT IN THE SUSPENSION OR TERMINATION BY US, IN OUR SOLE DISCRETION, OF YOUR ACCESS TO AND USE OF THE SERVICES (INCLUDING A PERMANENT BAN AND YOU WILL FORFEIT ANY REMAINING CREDITS AND FEES PAID FOR THE SERVICES). WE MAY CHANGE THE SERVICES IN OUR SOLE DISCRETION. WE WILL ENDEAVOR TO PROVIDE REASONABLE NOTICE OF ANY SUSPENSION, TERMINATION, OR CHANGE TO YOU, BUT MAY DO SO WITHOUT NOTICE IF IN OUR SOLE JUDGMENT, WE NEED TO MAKE CHANGES TO COMPLY WITH LAW, PROTECT OR ENFORCE LEGAL RIGHTS, AVOID OR MITIGATE MISUSE OF THE SERVICES OR ADVERSE LEGAL OR REGULATORY IMPACTS ON US, OR OTHERWISE TO ADDRESS OR PREVENT AN EMERGENCY. IF WE DISABLE YOUR ACCOUNT FOR A VIOLATION OF THE TERMS OR ANY OTHER REASON BASED ON YOUR CONDUCT, YOU MAY NOT CREATE ANOTHER ACCOUNT WITHOUT OUR EXPRESS PERMISSION, WHICH WE MAY WITHHOLD IN OUR SOLE DISCRETION. IF WE LET YOU CREATE A NEW ACCOUNT, IT DOES NOT IMPLY THAT OUR PRIOR DECISION TO DISABLE YOUR ACCOUNT WAS WRONG OR WITHOUT CAUSE. SUSPENSION OR TERMINATION OF YOUR ACCESS TO AND USE OF THE SERVICES WILL NOT TERMINATE MYCHARACTER’S RIGHTS TO YOUR CONTENT.
Without limiting the foregoing, you acknowledge and agree that MyCharacter.ai may preserve your text prompts and Content and may also disclose your text prompts and Content if required to do so by law or in MyCharacter.ai’s 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 third parties; or (d) protect the rights, property, or personal safety of MyCharacter.ai, its officers, employees, directors, shareholders, licensors, service providers, agents, and the public.
We want you to use the Services to express yourself and to develop Content that you find interesting, but not at the expense of the safety and well-being of others. Accordingly, you may not, or assist any other person to:
- Violate these Terms, the License, or other policies applicable to the Services;
- Include sensitive personal information (such as phone numbers, residential addresses, health information, social security numbers, driver’s license numbers, or other account numbers) about yourself or any other person;
- Violate the privacy, publicity, or other rights of any third party;
- Further or promote criminal activity or enterprise or provide instructional information about illegal activities;
- Generate any Content or engage in Content Sharing that a reasonable person could find obscene, lewd, lascivious, offensive, pornographic, indecent, vulgar, prurient, excessively violent, or to be a glorification or promotion of violence or a celebration of the suffering or humiliation of any person or class of people (whether living or deceased) (including visible genitalia, bare breasts, fully-nude buttocks, depictions of suicide or explicit sexual activity, fetishistic content, bodily fluids, bestiality, or imagery that shows violent death or acts of torture);
- Generate Content or engage in any Content Sharing that has any risk or possibility of exploiting, harming, or endangering the health or well-being of children or other minors (“Children”), such as images of Children in sexualized costumes, poses, or a sexual fetishistic context, or which identifies, directly or indirectly, alleged victims of child sexual exploitation, or for the purpose of exploiting, harming or attempting to exploit or harm Children in any way;
- Generate Content or engage in any Content Sharing that may exploit any vulnerabilities, offend human dignity or may otherwise be defamatory, libelous, harassing, threatening, embarrassing, disparaging, distressing, hateful — racially, ethnically, or otherwise — to a person or class of people, or which may be discriminatory towards a person’s or class of people’s race, religion, color, age, ethnicity, national origin, disability, physical, or mental characteristics, sexual orientation, gender expression, gender identity, family status, medical or genetic condition, personality characteristics, or physical appearance, including through the material distortion of the behavior of any such person or class of people in a manner that causes or is likely to cause that person or class of people physical or psychological harm;
- Use the Services or any Content to stalk, harass, abuse, mock, ridicule, intimidate, disparage, defame, threaten, defraud, or otherwise mistreat or harm any person or class of people;
- Generate Content or engage in any Content Sharing that is intentionally misleading, false, or otherwise inappropriate or with the purpose of harming others, regardless of whether the Content or its dissemination is unlawful;
- Upload any materials that: (i) infringe any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under any contractual or fiduciary relationship;
- Upload any material, program, or software that contains any virus, worm, spyware, Trojan horse or other program or code designed to interrupt, destroy or limit the functionality of the Services, launching a denial of service attack, or in any other way attempting to interfere with the functioning and availability of the Services;
- Interfere with or disrupt the Services or servers or networks connected to the Services;
- Access or otherwise obtain any materials or information through any means not intentionally made available or provided for by MyCharacter.ai to you through the Services;
- Use the Services in any way that violates any applicable national, federal, state, local or international law or regulation; or
- Attempt to do any of the above.
- You agree not to use any Model or Derivatives of any Model used by mycharacter.ai:
- In any way that violates any applicable national, federal, state, local or international law or regulation;
- For the purpose of exploiting, harming or attempting to exploit or harm minors in any way;
- To generate or disseminate verifiably false information and/or content with the purpose of harming others;
- To generate or disseminate personal identifiable information that can be used to harm an individual;
- To defame, disparage or otherwise harass others;
- For fully automated decision making that adversely impacts an individual’s legal rights or otherwise creates or modifies a binding, enforceable obligation;
- For any use intended to or which has the effect of discriminating against or harming individuals or groups based on online or offline social behavior or known or predicted personal or personality characteristics;
- To exploit any of the vulnerabilities of a specific group of persons based on their age, social, physical or mental characteristics, in order to materially distort the behavior of a person pertaining to that group in a manner that causes or is likely to cause that person or another person physical or psychological harm;
- For any use intended to or which has the effect of discriminating against individuals or groups based on legally protected characteristics or categories;
- To provide medical advice and medical results interpretation;
- To generate or disseminate information for the purpose to be used for administration of justice, law enforcement, immigration or asylum processes, such as predicting an individual will commit fraud/crime commitment (e.g. by text profiling, drawing causal relationships between assertions made in documents, indiscriminate and arbitrarily-targeted use).
The Services may block certain text prompts and blur resulting Content if we find (in our sole judgment) the prompt or resulting image too graphic, offensive, insensitive, or hurtful, even in circumstances where you may not have had any ill intent or where the Content does not otherwise violate the prohibitions described above. We may also block text prompts or block or remove Content that we otherwise find objectionable or that we believe in our reasonable judgment may expose us or others to any harm or liability.
Ownership of Content; MyCharacter.ai Use of Content
As between you and MyCharacter.ai, you own the Content that you generate using the Services to the extent permitted by applicable law.
With respect to images you upload to the Services, you represent and warrant that you own all right, title, and interest in and to such images, including without limitation, all copyrights and rights of publicity contained therein. You are responsible for the Content, including for ensuring any Content Sharing does not violate any applicable law, intellectual property right of any third party, or these Terms.
You agree that MyCharacter.ai and our affiliates may use the Content to develop and improve the Services.
We always love to receive feedback, comments, ideas, proposals, and suggestions for improvements to the Services (“Feedback”). You acknowledge that any Feedback provided by you to MyCharacter.ai is not confidential and that MyCharacter.ai and its affiliates will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, without providing any compensation or other attribution or acknowledgment to you.
DMCA Copyright Infringement Notice
We have implemented the procedures described in the Digital Millennium Copyright Act of 1998 (“DMCA”), 17 U.S.C. § 512, regarding the reporting of alleged copyright infringement and the removal of or disabling access to infringing material. If you have a good faith belief that copyrighted material on MyCharacter.ai is being used in a way that infringes a copyright over which you are authorized to act, you may make a Notice of Infringing Material. Before serving a Notice of Infringing Material, you may wish to contact a lawyer to better understand your rights and obligations under the DMCA and other applicable laws. For example, if your Notice fails to comply with all requirements of sections 512(c)(3), your Notice may not be effective.
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE MAKE NO WARRANTIES (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE) WITH RESPECT TO THE SERVICES OR CONTENT, AND DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. MYCHARACTER MAKES NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, AND (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE.
MyCharacter.ai reserves the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that MyCharacterai will not be liable to you or to any third party for any modification or discontinuance of the Services, except as set forth in the “Limitation of Liability” section below.
You understand that we are not responsible for any activities or legal consequences of your use of the Services. Users are responsible for using the Services in compliance with all applicable laws and regulations of the jurisdictions in which such users are domiciled, reside, or are located at the time of such access or use, the jurisdictions into which such users direct any Content Sharing, as well as these Terms.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER MYCHARACTER NOR ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, LICENSORS, SERVICE PROVIDERS, AND AGENTS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, 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 MYCHARACTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SERVICES OR ANY RELATED INFORMATION; (B) UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY CONTENT; (C) CONDUCT OF ANY THIRD PARTY (INCLUDING OTHER USERS) OF THE SERVICES; OR (D) ANY OTHER MATTER RELATING TO THE SERVICES. IN NO EVENT WILL MYCHARACTER’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE GREATER OF (I) ONE HUNDRED DOLLARS ($100) OR (II) THE PRICE YOU PAID FOR THE AMOUNT OF CREDITS CONSUMED BY THE SERVICE IN THE LAST TWELVE (12) MONTHS. IF YOU ARE MERELY DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO USE OF THE SERVICES OR THESE TERMS MUST BE FILED BY YOU WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF CERTAIN CATEGORIES OF DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Settling disputes, governing law, and courts
1. Information We Collect
Information You Provide
- Account Registration. When you create an Account, we ask for your contact information, including items such as name, company name, address, email address, and telephone number. If you choose to refer another individual or entity to our Services, we may also collect their email address as well.
- Payment Information. When you add your financial account information to your Account, that information is directed to our third-party payment processor. We do not store your financial account information on our systems; however, we have access to, and may retain, user information through our third-party payment processor.
- Communications. If you contact us directly, we may receive additional information about you such as your name, email address, phone number, the contents of the message and/or attachments you may send us, and any other information you may choose to provide. We may also receive a confirmation when you open an email from us
We only require that you provide personal information that is necessary to set up an Account.
Information We Collect When You Use Our Services.
- Cookies and Other Tracking Technologies. As is true of most cloud platforms as a service provider, we gather certain information automatically and store it in log files. In addition, when you use our Services, we may collect certain information automatically from your device. This information may include internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, clickstream data, landing page, and referring URL. To collect this information, a cookie may be set on your computer or device when you visit our Services. Cookies contain a small amount of information that allows our servers to recognize you. We may automatically collect information about your use of features of our Services, about the functionality of our Services, frequency of visits, and other information related to your interactions with the Services. We may track your use across different websites and services. In some countries, including countries in the European Economic Area ("EEA"), the information referenced above in this paragraph may be considered personal information under applicable data protection laws.
- Content: The API requests and images or artifacts or other response content created during the API transaction.Usage of our Services. When you use our Services, we may collect information about your engagement with and utilization of our Services, such as processor and memory usage, storage capacity, navigation of our Services, and system-level metrics. We use this data to operate the Services, maintain and improve the performance and utilization of the Services, develop new features, protect the security and safety of our Services and our customers, and provide customer support. We also use this data to develop aggregate analysis and business intelligence that enable us to operate, protect, make informed decisions, and report on the performance of our business.
Information We Receive from Third Parties.
1. Third Party Accounts.
If you choose to link our Services to a third-party account, we will receive information about that account, such as your authentication token from the third-party account, to authorize linking. If you wish to limit the information available to us, you should visit the privacy settings of your third-party accounts to learn about your options.
2. How We Use Information
We use the information we collect in various ways, including to:
- Provide, operate, and maintain our Services;
- Improve, personalize, and expand our Services;
- Understand and analyze how you use our Services;
- Develop new products, services, features, and functionality;
- Communicate with you, either directly or through one of our partners, including for customer service, to provide you with updates and other information relating to the Service, and for marketing and promotional purposes
- Process your use transactions;
- Send you text messages and push notifications;
- Find and prevent fraud; and
- For compliance purposes, including enforcing our Terms of Service, or other legal rights, or as may be required by applicable laws and regulations or requested by any judicial process or governmental agency.
3. How We Share Information
We may share the information we collect in various ways, including the following:
- Vendors and Service Providers. We may share information with third-party vendors and service providers that provide services to us or on our behalf, such as helping to provide our Services, for promotional and/or marketing purposes, and to provide you with information relevant to you such as customer and technical support, product announcements, software updates, special offers, or other information.
- Aggregate Information. Where legally permissible, we may use and share information about users with our partners in aggregated or anonymized form that cannot reasonably be used to identify you.
- Third-Party Partners. We also share information about users with third-party partners in order to receive additional publicly available information about you.
- Information We Share When You Come to Us Through a Referral. If you create an Account to use our Services through a referral, we may share information with your referrer to let them know.
- Business Transfers. Information may be disclosed and otherwise transferred to any potential acquirer, successor, or assignee as part of any proposed merger, acquisition, debt financing, sale of assets, or similar transaction, or in the event of insolvency, bankruptcy, or receivership in which information is transferred to one or more third parties as one of our business assets.
4. Legal Basis for Processing Personal Information
Our legal basis for collecting and using the personal information described above will depend on the personal information concerned and the specific context in which we collect it. However, we will normally collect personal information from you only (i) where we need the personal information to satisfy our standard “know-your-customer” practices and policies; (ii) where we need the personal information to perform the Services; (iii) where the processing is in our legitimate interests and not overridden by your rights; or (iv) where we have your consent to do so. We have a legitimate interest in operating our Services and communicating with you as necessary to provide these Services, for example when responding to your queries, improving our platform, undertaking marketing, or for the purposes of detecting or preventing illegal activities. In some cases, we may also have a legal obligation to collect personal information from you or may otherwise need the personal information to protect your vital interests or those of another person. If we ask you to provide personal information to comply with a legal or business requirement or to perform the Services for you, we will make this clear at the relevant time and advise you whether the provision of your personal information is mandatory or not (as well as of the possible consequences if you do not provide your personal information).
5. Third-party Services
You may access other third-party services through the Services, for example by clicking on links to those third-party services from within the Services. We are not responsible for the privacy policies, terms of service and/or practices of these third-party services, and we encourage you to carefully review their privacy policies.
MyCharacter.ai is committed to protecting your information. To do so, we employ a variety of security technologies and measures designed to protect information from unauthorized access, use, or disclosure. The measures we use are designed to provide a level of security appropriate to the risk of processing your personal information. However, please bear in mind that the Internet and any online platform cannot be guaranteed to be 100% secure.
7. Data Retention
We retain personal information we collect from you where we have an ongoing legitimate business need to do so (for example, to provide you with a service you have requested or to comply with applicable legal, tax, or accounting requirements). When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it or, if this is not possible (for example, because your personal information has been stored in standard backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
If you are a registered user, you may access certain information associated with your Account by logging into our Services or emailing contact@MyCharacter.ai. If you terminate your Account, any public activity on your Account prior to deletion may remain stored on our servers and may remain accessible to the public. To protect your privacy and security, we may also take reasonable steps to verify your identity before updating or removing your information. The information you provide us may be archived or stored periodically by us according to standard backup processes conducted in the ordinary course of business for disaster recovery purposes. Your ability to access and correct your information may be temporarily limited where access and correction could: inhibit MyCharacter.ai’s ability to comply with a legal obligation; inhibit MyCharacter.ai’s ability to investigate, make or defend legal claims; result in disclosure of personal information about a third party; or result in breach of a contract or disclosure of trade secrets or other proprietary business information belonging to MyCharacter.ai or a third party.
9. Your Data Protection Rights Under the General Data Protection Regulation (GDPR)
If you are an individual and a resident of the EEA, you have the following data protection rights:
- If you wish to access, correct, update, or request deletion of your personal information, you can do so at any time by emailing contact@MyCharacter.ai.
- In addition, you can object to the processing of your personal information, ask us to restrict the processing of your personal information, or request portability of your personal information. Again, you can exercise these rights by emailing contact@MyCharacter.ai.
- You have the right to opt-out of marketing communications we send you at any time. You can exercise this right by clicking on the "unsubscribe" or "opt-out" link in the marketing emails we send you. To opt-out of other forms of marketing, please contact us by emailing contact@MyCharacter.ai..
- Similarly, if we have collected and processed your personal information with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect the processing of your personal information conducted in reliance on lawful processing grounds other than consent.
- You have the right to complain to a data protection authority about our collection and use of your personal information. For more information, please contact your local data protection authority.
- We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws.
10. Your Choices
11. Children's Privacy
13. International Data Transfers