Terms of Service

Welcome to Candy.ai®!

These Terms of Service (the “TOS”) set forth the legally binding terms for your use of candy.ai and/or any of our online channels, platforms, products or services, including all content contained therein (“Services”). Services include any affiliated website to which you may be redirected from candy.ai.

The Services are owned and operated by EverAI Limited, duly incorporated in the Republic of Malta, having its address at 56 Central Business Centre, Triq Is-Soll, Santa Venera SVR 1833, Malta and registered with the Malta Business Registry under the number C107181.

By accessing and/or using the Services you agree to be bound by these TOS. You understand and agree that your access and/or use of the Services is acceptance of these TOS and of all other policies published on https://candy.ai/legal-information and updated from time to time (“Policies”). If you do not agree with these TOS or our Policies, please cease using or accessing our Services. Any version of these TOS or any of our Policies in a language other than English is provided for convenience. You understand and agree that the English language version will control if there is any conflict.

Our Services are intended and made available for personal, non-commercial use only. You agree not to use the Services for any commercial, illegal, or unauthorized purpose.

For purposes of the TOS, “you” and “your” means you as the user of the Services.

Some key points to keep in mind when using our Services:

• The Services are for entertainment purposes only. They are not intended as emotional or other forms of support. If you are feeling distressed or you are experiencing mental health difficulties, please reach out to a qualified professional for assistance.

• All conversations between users and AI Companions on the Services are entirely fictional and should be treated as such. The AI Companions are artificial intelligence characters designed to simulate human-like interactions, but they do not possess genuine emotions, intentions, or the ability to fulfill promises in the real world. Any elements within the conversations that may resemble reality, such as offers of real-life meetings or promises of tangible outcomes, are entirely fake and should not be taken seriously. We do not assume responsibility for any confusion or misunderstandings in this regard. Users are encouraged to keep in mind that the AI Companions exist solely within the digital realm of the platform, and any expectations or beliefs beyond that realm are not supported or endorsed by EverAI Limited.

• Because the Services rely on emerging AI technology, generated outputs may sometimes produce content that is inaccurate, incomplete, or not reflective of human judgment. Users are responsible for evaluating the appropriateness of any information provided.

1. General

The Services are an online chat application that uses artificial intelligence (“AI”) algorithms to generate virtual and fictional characters (“AI Companions” or “AI Characters”), with whom you can chat and exchange messages. The Services also include, but are not necessarily limited to, other media such as AI-generated images, videos and voice notes. You may create media on-demand via the AI tools on the platform, and/or you may purchase pre-made media, e.g., images and videos available within AI characters’ profiles. Pre-made media is created using a variety of artistic methods, including generative AI tools and modifications to media for which we have applicable usage rights. Parts of the Services may require you to create a user account and/or become a paid user.

You can initiate exchanges with AI Characters that are pre-made and that we make available on the platform, or generate your own by choosing their attributes and characteristics via our technology/algorithms. Your exchanges with AI Characters may include text, image requests, or other modes of exchange as made available and expanded by us from time to time.

We may de-list (remove) AI Characters and/or modify or delete features or content at any time in our sole discretion.

1.1 Account

Parts of our Services may require you to create a user account with an email and password or other available login method (“Account”). When registering and/or accessing your Account, you agree to do so only using your own login credentials and/or payment method. You are fully responsible for all activities occurring under your login credentials and Account. Your Account is non-transferrable. You cannot sell, lend, or otherwise share it with any other person, for commercial purposes or free of charge.

By using the Services, you represent and warrant that all information you submit to create a user account is true and correct, you have full rights to submit such information.

You agree to, from time to time as necessary, update any information associated with your Account (including but not limited to, your email, payment information, subscriptions or other supplemental information as the case may be) so that it remains current, accurate and correct at all times. You also agree to protect the confidentiality of your Account and password, and to prohibit others from accessing your account.

You understand and agree that we may require further information from you from time to time, including for example information to verify or re-verify that you are an adult.

Any violation of these TOS or our other Policies may cause your Account to fall out of good standing and we may cancel your user account at our sole discretion.

Meanwhile, we reserve the right to terminate or restrict your account, or otherwise revoke access to the Services, at any time if we, in our sole discretion, have reason to believe or suspect that you have violated the terms of these TOS or other Policies. You agree that we will not be liable to you or any third party for, without limitation, any denial of use of the Services, any change of costs for third party services, fees, or other obligations arising from suspension or termination of your account.

You acknowledge and agree that you have no ownership or other property interest in your Account, and that all rights in and to your Account belong to and inure to the exclusive benefit of EverAI.

1.2 Paid-for Services

Some Services, features, and/or content may be available only in exchange for payment, for example, via paid subscription, token purchases, or other forms of paid-for access made available from time to time. Services requiring payment will begin after the initial payment, and the payment should be made pursuant to the terms presented at the time of the purchase. You are responsible for payment of all fees, charges and taxes (as applicable) related to the transaction.

We are not responsible for any costs and disclaim any liability arising from your use of a third-party distribution platform that is not indicated or recognized by us.

1.3 User Safety

At EverAI Limited, we prioritize the safety and well-being of our users. In using the Services and/or conversing with AI Companions, you should not disclose sensitive personal information, including, for example, financial details, addresses, contact information, or passwords.

Users are solely responsible for protecting their personal information and should be aware of potential risks associated with transmitting information online. We encourage users to report any suspicious or inappropriate behavior encountered on the platform, as we are committed to maintaining a safe and respectful environment for all users.

1.4 Warranties

You understand and warrant that:

a) You are entering into these TOS only on behalf of yourself;

b) You are of the legal age to form a binding contract with us in the jurisdiction where you live and/or access the Services;

c) If you are under the legal age in the jurisdiction where you live and/or access the Services, you shall not access or use our Services.

2. Underage Policy – please consult the Underage Policy document

3. Intellectual Property

The intellectual property in the Services and any embedded materials (including without limitation technology, systems, files, documents, text, photographs, information, images, videos, audios, and software, individually or in combination) are owned by or licensed to EverAI Limited. You may access and/or register to view, use, and display the Services and their content on your devices for your personal use only.

EverAI Limited hereby provides you with a license for personal use only. This license does not constitute a transfer of title under any circumstances. This license shall automatically terminate if you violate any of the restrictions or these TOS or other Policies and may be terminated by us at any time. Notwithstanding anything to the contrary herein, you acknowledge and agree that you have no ownership or other property interest in your Account, and that all rights in and to your Account are and will forever be owned by and inure to the benefit of EverAI.

All intellectual property rights associated with Candy.ai, including the AI Characters, platform design, logos, and any proprietary software or technology, are the sole property of EverAI Limited or its licensors. Users are prohibited from reproducing, modifying, distributing, or using any intellectual property without explicit authorization. Any unauthorized use may result in legal consequences.

You agree that submission of any ideas, suggestions, documents, and/or proposals to Company (“Feedback”) is at your own risk and that EverAI has no obligations with respect to such Feedback, including but not limited to obligations regarding confidentiality. You agree that EverAI may use your Feedback without any restriction, or attribution or compensation to you.

4. Your Content

You may provide input while using the Services and receive output based on your input. Input and output are collectively referred to as “Content.” Input includes anything initiated by you and/or from your account, for example, prompts and exchanges with AI characters. You represent and warrant that you have all rights, licenses, and permissions needed to provide input while using the Services. You are responsible for Content, including ensuring that it does not violate applicable laws or Policies.

You retain your intellectual property ownership rights over your input. We will never claim ownership of your input, but we do require a license from you in order to use it.

When you use the Services to provide input covered by intellectual property rights, you grant to us a non-exclusive, royalty-free, fully paid-up, transferable, sub-licensable, worldwide, perpetual license to use, distribute, modify, run, copy, publicly display, make available, store, access, upload, distribute, transmit, translate, modify, exploit, create derivative works of, commercialize, and otherwise use and aggregate your Content and any derivative works thereof for any purpose, in any manner that is consistent with our Privacy Notice, including but not limited to using your Content in connection with:

checking for and ensuring compliance with our Policies and/or keeping our Service safe,
improving our products and Services, and our other business purposes, such as data analysis, customer and market research, developing new products or features, or identifying or displaying usage or Content trends,
training, developing, enhancing, evolving and improvinge our (and/or any of our affiliated companies’) AI models, content moderation tools, algorithms and related technology, products and services,
marketing and promotional purposes.

You give us permission to use your username and other identifying information associated with your account in a manner that is consistent with your privacy preferences, and our Privacy Notice.

5. Restrictions of Conduct and Content

5.1 Rules and restrictions

In accessing and using the Services, you agree to abide by our Community Guidelines, as well as the following rules, restrictions, and limitations:

a) You will not modify, translate, adapt or reformat any aspect of the Services;

b) You will not decipher, decompile, disassemble, or reverse-engineer, or otherwise attempt to discover the source code or structure of, the software or materials comprising the Services (except where the foregoing is permitted by applicable local law notwithstanding such restrictions, and then only to the extent that such intended activities are disclosed in advance in writing to us);

c) You will not interfere with or circumvent any security feature of the Services or any feature that restricts or enforces limitations on the use thereof;

d) You will not use the Services to gain unauthorized access to our or any third party’s data, systems or networks;

e) You will not use the Services in any manner that could damage, disable, overburden, impair or otherwise interfere with or disrupt our systems and networks or other users’ use of the Services;

f) You will not use the Services in any way that, in our sole discretion, may expose us and others to liability or damages;

g) You will not use the Services to achieve unlawful ends, to offend others or to commit a crime;

h) You will not remove, change or obscure any copyright, trademark notice, trademark, hyperlink or other proprietary rights notices contained in or associated with the Services; and

i) You will comply with all applicable laws in your access and use of the Services, including the laws of the jurisdiction where you live and/or access the Services.

j) You may not access or attempt to access the Services from China or Singapore. We implement technical measures to enforce this, and any attempt to access the Services or evade our technical measures is a violation of our Policies.

Your use of the Services may be subject to the license and use restrictions set forth in the CreativeML Open RAIL++-M License (dated July 26, 2023) and/or Apache License Version 2.0.

5.2 Content responsibility

You, as a user of the Services are solely responsible for the output generated by the AI Companions through your input, including any text messages, voice messages, images, and videos. The AI Companions respond based on the conversations you lead and the settings you select. You understand and agree that EverAI Limited does not control or endorse any content generated by the AI Companions, and that you are fully responsible for any output generated by the AI and for your own actions while using the Services.

You must ensure that your interactions with the AI Companions comply with applicable laws, regulations, these TOS, and all Policies, and you shall not engage in any illegal, unethical, or harmful activities while using the Services.

5.3 Incidents and User Actions

EverAI Limited shall not be held responsible for any action taken or choice made by a user following their interactions with AI companions. As an AI-driven platform, the AI Companions are programmed to simulate human-like conversations, but their responses are generated based on algorithms and machine learning.

We do not endorse or take responsibility for any actions, decisions, or consequences that may arise from the user’s engagement with the AI Companions. Users should exercise their own judgment and discretion while interacting with the AI Companions and refrain from engaging in any activities that could potentially cause harm or violate any applicable laws or regulations.

5.4 Content Moderation and Removal

While conversations between users and AI Companions are generally confidential, we have implemented content moderation controls based on our proprietary LLM technology to ensure compliance with our TOS, Community Guidelines, and other Policies. If our moderation controls detect anything that violates our TOS or Policies, we or authorized partners may access and manually review the flagged content and/or other content associated with the account and take appropriate action. This may include removing content, terminating the user’s account or reporting the content to appropriate authorities. See also Section 5.5 below. Additionally, our content moderation controls may moderate or alter your request before an output is generated, for example, if your request contains or seeks prohibited content. These measures are implemented to maintain a respectful and secure environment for all users. We strive to strike a balance between privacy and community standards, and we appreciate your understanding and cooperation in adhering to our guidelines.

We reserve the right, but are not obligated, to reject and/or remove any user content that we believe, in our sole discretion, violates any of our Policies. Repeated violations may result in content deletion, account restrictions, blocking from the Services, or other moderation actions in our discretion. Users will not be refunded or reimbursed for moderation actions taken in response to violation of our Policies. See also Section 10.4.3 below.

We may de-list (remove) characters and/or modify or delete features or content at any time at our sole discretion. Users will not be refunded or reimbursed for payments related to such removed or modified characters, features, or content.

If you believe there has been a violation of these TOS, please contact us via the “Contact Us” area in the Services, or via email at: [email protected].

5.5 Prohibited Content Reporting

We have a zero-tolerance policy for Child Sexual Abuse Material (CSAM). Attempting to create CSAM is prohibited by law and our Community Guidelines and Blocked Content Policy. In addition to our other content moderation and removal controls, we report known CSAM to the National Center for Missing and Exploited Children, or other local authorities as appropriate.

6. DMCA Policy – please consult the DMCC Policy document

7. Content Removal Policy - please consult the Content Removal Policy document

8. Blocked Content Policy - please consult the Blocked Content Policy document

9. Payments and Autorenewal

As a free user, you may generally send a maximum of 5 messages to AI Companions. Further use requires a subscription, which may be billed either monthly, quarterly or annually, or other form of paid-for access, as may be made available from time to time. Subscriptions are payable by credit card, Pay by Bank, and/or other alternative payment methods available in specific countries.

As part of a paid subscription, you will receive unlimited access to the messaging system as well as a monthly amount of tokens disclosed to you during checkout (generally 100 per month), which can be used to access extended features like image generation or voice notes.

Subscriptions are set to renew automatically at the end of each subscription period, extending for the duration and price disclosed at checkout. The payment will be processed automatically on the first day of the renewed period. Autorenewal can be cancelled at any time in your settings (see Section 10 below).

Tokens cannot be transferred to different users or accounts, nor can they be traded in, exchanged for money, or used to settle outstanding payments.

10. Fulfillment Policy

10.1 Cancellation

All details about your subscription, including start date, end date and type of subscription plan can be found under My Profile / Settings within your account.

You have the flexibility to cancel your subscription at any time by going to Settings / Unsubscribe within your account. If you choose to cancel, your subscription will remain active until the end of the current billing period, and you will not be charged for the subsequent period.

10.2 Access upon expiration of paid-for access

If you paid for access to premium features, e.g., via a subscription or non-subscription token purchase, your account will revert to a free version of the platform when your paid-for access expires (e.g., upon the cancellation of your subscription or consumption of a non-subscription token purchase), and paid-for features will no longer be available.

For subscriptions: Upon cancellation of your subscription, you will retain access to your account and all associated features until the end of the current billing period. At the conclusion of this billing period:

Platform Access: Your access will be restricted to the free version of the platform. You will no longer have access to premium features that are exclusive to paid users.
Token Usage: Any remaining tokens in your account will expire and become unusable. Please make sure to use your tokens before the end of the current billing period, as they will not carry over or be refunded after your subscription ends.

You may resubscribe to our platform at any time to regain access to premium features and content. However, any tokens from previously cancelled subscriptions that were not used within the relevant billing period cannot be carried over to a new subscription. Each subscription period is treated independently, and tokens must be used within their respective billing periods.

If a subscription or non-subscription purchase is refunded, it is deemed immediately cancelled. All access to premium features and remaining tokens will be revoked at the time of refund processing.

If a chargeback request is filed, the subscription or non-subscription purchase is immediately cancelled. All access to premium features and remaining tokens will be revoked at the time the chargeback request is filed.

10.3 Modifying subscription plans

You can upgrade or downgrade your subscription plan at any time. The changes will take effect at the beginning of the next billing cycle.

10.4 Refund policy

(If you reside in the EU or UK, please see Section 10.4.3 below.)

10.4.1 Subscription and/or Non-Token Purchase Refund

• You have 24 hours after your payment to request a refund. No refunds will be issued if your request is made more than 24 hours after you have paid for our services. However, regardless of the time elapsed before you request a refund, it will be denied if you have used more than 20 tokens.

• We cannot refund in cases where there was a technical issue on the user’s side.

• We can only refund subscriptions that were purchased via card.

10.4.2 Token Refund

• For purchases made in error, there is no guarantee of a refund where the error did not occur from our end.

• We can only refund token packages that were purchased via card.

10.4.3 EU/UK User Refunds

• If you reside in the EU or UK, you have the right to withdraw from your contract within 14 days of the initial purchase without giving any reason.

• This withdrawal period will expire 14 days from the date on which we sent you an email confirmation of your purchase.

• The refund will cover any amounts paid,

• To exercise the right of withdrawal, you must inform us of your decision to withdraw from this contract by an unequivocal statement, e.g., via email at: [email protected].

• To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

• In exercising this right, you may use the model cancellation form available at the end of these Terms of Service; however, this is not mandatory.

• Effects of Withdrawal:

If you withdraw from this contract, we shall reimburse to you all payments received from you, less a prorated amount that reflects the services consumed between the date of your purchase and the date you requested a refund.
We will reimburse you without undue delay and in any event not later than fourteen (14) days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, we will not impose any fees in connection with such reimbursement.

• Subscriptions: Please note that this right of withdrawal applies to the initial purchase only and does not apply to any renewal periods.

10.4.4 No Refund for Content Removed or Moderation Actions Taken in Response to Violations of our Policies

• You will not be refunded or reimbursed for any previously paid-for content that was moderated or removed for violating any of our Policies.

• You will not be refunded for restrictions on your use of the Services as a result of moderation actions taken in response to violations of any of our Policies.

10.4.5 No Refund for Changes in Platform Content or Functionality

• We may modify or delete features or content at any time at our sole discretion (see Section 1). You will not be refunded or reimbursed for previous payments related to any such modifications or deletions that do not change the core platform or services within the meaning of applicable law.

11. No Guarantee of Accuracy, Originality, or Perfection

Some content in our Services is AI-generated and created on demand. By using our Services, you understand and agree that there are limitations inherent in emerging AI technology, and content on the platform may not be accurate, original or unique to you, or perfectly match your preferences and expectations. Additionally, our content moderation controls may moderate or alter your request before an output is generated, for example, if your request contains or seeks prohibited content. We make every effort to provide the best possible technology and experience for our users, and we appreciate your understanding as we constantly further refine our Services.

12. Liability

THE SERVICES ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND THE USE THEREOF IS AT YOUR SOLE RISK. WE MAKE NO, AND HEREBY DISCLAIM, ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NONINFRINGEMENT, AND TITLE WITH RESPECT TO THE SERVICES, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.

WE DO NOT WARRANT:

A. THAT THE SERVICES (OR THE RESULTS OBTAINED FROM THE USE THEREOF) WILL BE TIMELY, ERROR-FREE, SECURE OR UNINTERRUPTED;

B. THAT THE SERVICES WILL MEET YOUR REQUIREMENTS;

C. THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE MATERIALS ON OUR WEBSITE, OR OTHERWISE RELATING TO SUCH MATERIALS OR ON ANY RESOURCES LINKED TO OUR WEBSITE;

D. THAT ANY MATERIALS, OUTPUTS, AND/OR CONTENT ARE ORIGINAL, ERROR-FREE, OR ACCURATE; OR

E. THAT ANY ERRORS OR MALFUNCTIONS IN THE SERVICES WILL BE CORRECTED.

WE AND ANY OF OUR LICENSORS SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER UNDER CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNITY OR OTHER THEORY, FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES OR ANY OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, COST OF SUBSTITUTE PROCUREMENT, ARISING IN WHOLE OR IN PART FROM YOUR USE OF (OR INABILITY TO USE) THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL WE BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ANY CAUSES BEYOND ITS REASONABLE CONTROL.

13. Links to Third Party Websites and Services

The Services may include links or allow access to third-party websites and services. Please note, their presence does NOT mean that they are recommended by us and we do not guarantee their safety and conformity with any of your expectations. We assume no obligations in the event of any damage or loss, or any other impact, directly or indirectly resulting from the use of any content, goods or services available on or through any such third-party websites and services.

It is your responsibility to take precautions to ensure that anything you select for your use or download, whether from the Services or a third party, is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. We assume no responsibility, and are not liable, for any transmission or material, or any viral infection of your computer equipment or software, or any other types of damage related to your access, use of browsing of third party services or content. If you decide to access a third party service or content, you do this entirely at your own risk and you should review the applicable terms and policies governing the use of same.

14. Governing Law and Dispute Resolution

This TOS shall be governed by and construed in accordance with the laws of the Republic of Malta without giving effect to its conflict of law provisions, regardless of your location.

Any dispute arising out of or in connection with the TOS or other Policies, including any question regarding their existence, validity or termination, shall be referred to and finally resolved by the courts of the Republic of Malta.

15. Changes to Terms and Policies

We reserve the right to update or make changes to these TOS and/or any other Policies from time to time in our sole discretion, and we may notify you of changes by making the revised version of these documents accessible through the Services, which changes will become effective immediately. Please review these documents periodically to ensure familiarity with the latest version. You can determine when these documents were last revised by referring to the “Date of Revision” at the top of this document. If you do not agree with the revised TOS and Policies, you should immediately stop using the Services. Your continued access or use of the Services after any changes to these documents have been posted means that you agree and consent to such changes.

We may change the platform and scope of Services from time to time, with or without notice. We may also stop or restrict provision of the Services in full or in part toward a certain user, as set out in our TOS and Policies.

16. Complaint Policy – please consult the Complaint Policy document

17. Termination and Assignment

These TOS and/or any other Policies will continue in effect until terminated by either you or us. You may terminate these TOS at any time by ceasing your access and use of the Services and, as applicable, cancelling your paid subscription. If you are a paid subscriber, the subsequent processing of fees shall be subject to the respective rules of the payment processor (indicated or recognized by us). We may terminate these TOS and your right to access or use the Services, with or without notice to you, for any reason, including actual or suspected breach of these TOS and any other Policies.

We reserve and retain the rights to assign, transfer or subcontract the Services to any third parties. Notice will be posted on the Services and your continued use or update of the Services indicates your consent.

18. Miscellaneous

If any provision of these TOS or any other Policies is found to be unlawful, void or for any reason unenforceable, that provision will not affect the validity and enforceability of any remaining provision and such provision will be enforced to the maximum extent possible, so as to affect the intent of the parties.

These TOS and other Policies constitute your entire agreement with us pertaining to your access and use of the Services. Any prior or contemporaneous written or oral agreements pertaining thereto are hereby superseded.

We will collect and process your information and technical data in accordance with our Privacy Notice.

19. U.S.C. 2257 Exemption – please consult the 18 U.S.C. 2257 Exemption document

Model withdrawal form
To: [email protected]
EverAI Ltd., attn: Customer Service
56 Central Business Centre, Triq Is-Soll, Santa Venera SVR 1833, Malta
I hereby give notice that I withdraw from my contract of sale of the following the provision of the following service:
____________________________
Ordered on
____________________________
Your name
____________________________
Your email address
____________________________
Your signature (only if this form is notified on paper)
____________________________
Date