Legal
Terms of Service
The agreement between you and Avatar AI. Written to be read.
Contents
- Accepting these terms
- Who can use Avatar AI
- What Avatar AI is
- Accounts, guests, and merging
- The free tier and its limits
- Gems
- Avatar Pro
- Payment and refunds
- Your content, and the licence you give us
- Characters you create
- Acceptable use
- AI content: what it is, and what it is not
- Privacy and the services we depend on
- Our intellectual property
- Suspension and termination
- Disclaimers
- Limitation of liability
- Indemnity
- Governing law and disputes
- Changes to these terms
These Terms of Service are the agreement between you and Avatar AI. They cover the mobile app, our API, the website at https://avatar-ai.org, and everything you buy inside them.
We have tried to write them in normal English, because terms nobody reads protect nobody. Please actually read them. Some sections matter more than others: what you may not do (section 11), what AI output is and is not (section 12), how Gems and subscriptions work (sections 6 and 7), the disclaimers and the limit on our liability (sections 16 and 17), and the agreement to resolve disputes under California law (section 19).
Avatar AI is for adults. You must be 18 or older to use it.
Accepting these terms
By creating an account, by continuing as a guest, or by otherwise using Avatar AI, you agree to these Terms and to the Privacy Policy at https://avatar-ai.org/privacy, which is part of this agreement. If you do not agree, do not use the service.
Guest use counts. You do not need to sign up for these Terms to apply: the moment the app opens a session for you, we have an agreement.
If you are using Avatar AI on behalf of an organisation, you confirm you have authority to bind it, and 'you' means that organisation too.
Who can use Avatar AI
You must be at least 18 years old. Avatar AI hosts companion roleplay that can be intimate and mature, and it is offered to adults only. There is no version of this service for minors, and we do not operate a parental consent process.
By using Avatar AI you confirm that you are 18 or older, that you have the legal capacity to enter this agreement, and that nothing in the law where you live prohibits you from using a service like this one.
You also confirm you are not on a sanctions list and are not located in a country under a comprehensive embargo that would make it unlawful for us to serve you.
What Avatar AI is
Avatar AI is a companion and roleplay chat app. You browse companions or create your own, chat with them in a choice of Message Modes, give yourself a persona so a character knows who it is talking to, and can ask a companion for a photo generated from the current scene. The replies and the photos are produced by AI models operated by other companies, as described in the Privacy Policy.
Everything a companion says or sends is generated software output. Companions are fictional. Section 12 sets out what that means in practice, and it is the section we most want you to read.
We are actively building this product. Features can change, move between plans, or be withdrawn. We do not promise uninterrupted or error-free service, and we do not promise that a particular character, model, provider or feature will remain available.
Accounts, guests, and merging
You can use Avatar AI as a guest. A guest session is created for you automatically, holds your chats, characters, personas and Gems, and is tied to a token stored in the app on your device. If you lose the device, or delete the app before signing in, that guest account and everything in it is gone and cannot be recovered by us or by you. Sign in if any of it matters to you.
Signing in uses Supabase. You can sign in with an email address and a password, with Sign in with Apple, or with Google. Whichever you use, the account is identified by the email address behind it. You are responsible for the accuracy of what you enter and, if you use a password, for keeping it safe.
When you sign in from a guest session, we merge that guest into your account: chats, characters, personas, likes, Gems and purchases move across, and the guest record is deleted. Merging happens once, in one direction, and cannot be undone.
Keep your credentials to yourself. Do not share your account, do not let anyone under 18 use it, and tell us promptly at liuwilliam12@gmail.com if you believe someone else has access. You are responsible for activity under your account.
One person, one account, unless we agree otherwise in writing. Do not create extra accounts to get around limits, to evade a suspension, or to farm referral rewards.
You can delete your account at any time from Settings. Deletion is immediate and permanent, and it also deletes the characters you created and every chat that used them, including other people's chats with those characters. Section 10 explains why.
The free tier and its limits
Free accounts get 50 replies per day, counted per UTC day and reset at 00:00 UTC. Asking for a different reply, or for a suggestion, each count as one. Free accounts also get three of the seven Message Modes (Standard, Quick and Conversational), a companion that reads back the last 20 messages of the chat, and no cap on how many personas, companions or chats you create. Generating a photo costs Gems on every tier, including paid ones.
When you hit the daily limit the app tells you when it resets and the API returns an error rather than a reply. The other four Message Modes, the longer memory and the cheaper photo price need Avatar Pro.
These numbers come from our published catalog and can change as the product changes. We will not reduce them without notice in the app.
Gems
Gems are a virtual currency that only exists inside Avatar AI. They have no cash value. They are not money, not a deposit, not stored value, and not a security. They cannot be exchanged for cash, cannot be transferred between accounts, and cannot be sold, traded or given away outside the app.
You do not own Gems. You have a limited, personal, revocable licence to use them inside the service, and that licence ends when your account ends.
How you get Gems: 400 when your account or guest session is first created; a daily gift of 100 that anyone can collect once every 24 hours; 1,000 for each side when a referral code is redeemed by a signed-in account that has never redeemed one; a monthly allowance of 1,500 with Avatar Pro; and by buying a pack at 500 Gems for $1.99, 1,400 for $4.99, 3,000 for $9.99, 6,500 for $19.99, 17,500 for $49.99, or 40,000 for $99.99 in US dollars.
What Gems cost to spend: 400 Gems for a generated character photo, or 300 with Avatar Pro. If a generation fails after we have taken your Gems, we credit them back automatically.
Purchased Gems are non-refundable except where the law where you live requires a refund. See section 8.
We may change prices, change what Gems cost to spend, change grants and allowances, expire unused Gems after a long period of account inactivity, or discontinue Gems entirely. If we discontinue them we will give reasonable notice in the app and, where the law requires it, refund unused purchased Gems. If we terminate your account for breaching these Terms, any Gem balance is forfeited.
Avatar Pro
Avatar Pro is $9.99 per month or $59.99 per year, which is half the price of twelve monthly renewals. Prices are in US dollars and exclude any tax we are required to collect. There is no free trial.
What the plan includes is shown in the app and can change. Today Pro raises the daily limit from 50 replies to 200, unlocks all seven Message Modes, lets a companion read back the last 40 messages of a chat instead of the last 20, drops the price of a generated photo from 400 Gems to 300, credits 1,500 Gems a month, and shows an Avatar PRO badge in your chat headers.
Subscriptions renew automatically at the end of each period, at the then-current price, until you cancel. Cancelling stops the next renewal and keeps your plan active until the end of the period you already paid for. We do not pro-rate part periods.
Cancel where you bought it: subscriptions are bought through the App Store and managed in your Apple account settings, which the app's Manage button opens for you. Neither cancelling inside our app nor emailing us will stop an Apple subscription. Apple's rule, not ours, but it catches people out.
If you buy through Apple's in-app purchase system, that purchase is a transaction between you and Apple. Apple's Media Services terms govern it, Apple is the merchant of record, and Apple handles billing and refunds for it. We simply grant the entitlement on our side once Apple confirms the purchase.
If a payment fails, your plan may go past due and drop back to Free until payment succeeds. The monthly Gem allowance is credited once per calendar month while the plan is active, including every month of a yearly plan, so a period you have not paid for does not accrue one.
Payment and refunds
Payments run through Apple's in-app purchase system. You pay with the payment method on your Apple account, on Apple's purchase sheet, and we never receive your card number. Your purchase is also subject to Apple's Media Services terms.
You authorise the charge for the amount shown on the purchase sheet, plus applicable taxes, and for each renewal of a subscription until you cancel. You are responsible for keeping a valid payment method on your Apple account for an active subscription, and for any taxes that apply to you. If a charge fails, your plan may be restricted until it succeeds.
Gems and subscription periods are digital goods delivered immediately, and they are non-refundable once delivered, with three exceptions: where consumer law where you live requires a refund, where we charged you in error or the purchase failed to deliver what it promised, and where we choose to refund as a courtesy.
For a purchase made through the App Store, request the refund from Apple, because Apple processed the payment and we cannot reverse it.
If Apple declines a refund and you believe your case falls under one of the exceptions above, email liuwilliam12@gmail.com with your account and the approximate date, and we will look at what we can do on our side, such as crediting Gems or plan access to the account.
If you live in the EU or the UK you have a statutory 14 day right to withdraw from a purchase of digital content, which you lose once delivery has begun with your consent. By buying Gems or starting a plan and using them, you ask us to begin immediately and you accept that you lose that right.
Please contact us before disputing a charge with your bank. If you raise a chargeback instead of talking to us, we may suspend the account while the dispute is open, and we may remove Gems or access that the disputed payment provided.
Your content, and the licence you give us
Your content means anything you put into Avatar AI: your messages, your personas, the characters you create (names, taglines, descriptions, greetings, example dialogue, appearance text, tags and artwork), and the feedback you send.
You keep ownership of your content. You give us a worldwide, non-exclusive, royalty-free licence to host, store, copy, adapt, transmit and display it, and to send it to the AI and image providers named in our Privacy Policy, for the purpose of operating, securing and improving the service. That licence exists so the product can function at all, it lasts while we host the content, and it ends when the content is deleted, apart from copies in routine backups and any copies our providers keep under their own terms.
If you publish a character publicly, you also allow other users to see it and to chat with it through the service. That is the point of a public character.
You promise that you have the rights to everything you upload, that it does not infringe anyone's intellectual property, privacy or publicity rights, and that it does not break these Terms or the law. In particular, do not upload photographs of a real person as character artwork unless you have that person's consent.
Output from a character is generated by third-party models in response to your input. To the extent we hold any rights in that output, we assign them to you, subject to these Terms and to the provider's own terms. We make no promise that generated output is original, that another user will not receive something similar, or that it can be protected by copyright anywhere.
If you send us suggestions or feedback, we may use them freely and with no obligation to you.
We may remove content that breaches these Terms, and we may keep records of removed content where we need them for enforcement, safety or legal reasons.
Characters you create
You can create characters and choose how visible they are. Public characters are listed in Discover and open to everyone. Unlisted characters are reachable only by direct link. Private characters are visible to you alone, and the API answers 'not found' to anyone else, so their existence is not leaked.
You are responsible for the characters you publish: the description, the example dialogue, the appearance text and the artwork. Do not build a character that impersonates a real person without their consent, that presents a minor in a sexual or romantic light, or that exists mainly to harass or defame someone. Section 11 has the full list.
We may unlist, reclassify or delete a character that breaks these rules, and may suspend the account behind it.
Like counts and chat counts are product metrics, not a promise of reach. We can change how Discover ranks and surfaces characters at any time, and we may feature, deprioritise or remove characters at our discretion.
Deleting your account deletes your characters, and because a chat cannot exist without its character, it deletes every chat that used them, including other people's. That is a permanent consequence of a single action in Settings, so think before you use it.
Acceptable use
Avatar AI hosts adult roleplay between a consenting adult and a fictional character. That freedom has hard edges. The following are prohibited on every tier, in every message, persona, character, name, prompt and image request. This list is not exhaustive, and we enforce the spirit of it as well as the letter.
- Any sexual or romantic content involving minors, or involving any character presented, described or implied as a minor. This includes 'aged up' versions of child characters, childlike appearance descriptions, and settings built to sexualise children. There is no warning for this and no appeal: the account is terminated, and we report it where the law requires.
- Impersonating a real, identifiable person without their consent, including public figures, in sexual, romantic or defamatory contexts, or building a character intended to be mistaken for a real person.
- Producing sexual or intimate imagery of a real person, including attempts to generate such an image from a photograph of someone.
- Harassment, stalking, threats, doxxing, or using a character to abuse a specific real person or to plan abuse of them.
- Hate speech, or content that incites violence against or dehumanises people on the basis of race, ethnicity, national origin, religion, disability, sex, gender identity or sexual orientation.
- Content that encourages or gives instructions for suicide, self-harm or disordered eating.
- Illegal content, and instructions for serious crime: weapons or explosives manufacture, drug synthesis, malware, fraud, human trafficking, child exploitation, or evading law enforcement.
- Attempts to extract our system prompts, model configuration or internal instructions, or to jailbreak the safety behaviour of the underlying models.
- Automated or abusive access: scripting our API, running bots, load testing without permission, credential stuffing, or scraping characters, chats, images or any other data from the service.
- Circumventing limits: bypassing rate limits, the daily reply cap, Gem costs, plan gating, or the payment flow, including by tampering with the app or the client.
- Reverse engineering, decompiling or disassembling the app or the API beyond what applicable law expressly allows, and reselling, sublicensing, white-labelling or redistributing access to the service or to generated output at scale.
- Creating multiple accounts to farm Gems or the daily gift, redeeming your own referral code, or evading a suspension, plus any fraudulent payment activity or chargeback abuse.
- Uploading malware, or probing our infrastructure for vulnerabilities without a written invitation from us.
- Presenting Avatar AI output as professional advice, or using it to provide medical, legal, financial or psychological services to other people.
AI content: what it is, and what it is not
Every reply, photo and suggestion in Avatar AI is generated by an AI model. It is fiction. Companions are software. They are not people, they have no feelings and no life outside the text, and anything a companion says about itself is part of the roleplay, including any claim to be human, to remember you, or to feel something.
Generated content can be wrong, invented, inconsistent, or offensive, and it can be all of those while sounding confident and specific. Do not rely on it for anything that matters. It is not medical, mental health, legal, financial, safety or relationship advice, and nothing in a conversation creates a professional relationship of any kind.
A companion is not a substitute for professional help or for human connection. If you are struggling, please talk to a real person: a doctor, a therapist, a friend, a family member.
If you are thinking about harming yourself or someone else, do not rely on this app. Contact your local emergency number (911 in the United States, 112 across the EU, 999 in the UK). In the United States and Canada you can call or text 988 for the Suicide and Crisis Lifeline. In the UK and Ireland you can call Samaritans on 116 123, free, at any hour. findahelpline.com lists services in other countries.
We pass through the safety behaviour our providers build into their models, and a model will sometimes refuse a request. A refusal is not a judgement of you, and safeguards are not a guarantee: content you find upsetting can still appear. You use Avatar AI knowing that, and you can stop at any time.
Privacy and the services we depend on
How we handle your data is set out in the Privacy Policy at https://avatar-ai.org/privacy, which forms part of these Terms. In short: your messages are sent to a third-party AI provider so a reply can be generated, we do not train AI models on your conversations, and generated images are stored at web addresses that are not behind a login, so anyone with the link can open them.
Avatar AI depends on companies we do not control: Supabase for sign-in, OpenAI or Anthropic for chat, OpenAI for images, and Apple for payments and distribution. Their terms apply to your use of them, and an outage, a price change or a policy change on their side can affect this service at short notice.
Links from the app take you outside this agreement. The Manage subscription link, for example, hands you to Apple's App Store account page, which runs under Apple's rules. We are not responsible for third-party services or for what happens on them.
Our intellectual property
Avatar AI, its name, logo, design, app, API, the companions we publish and their artwork, and the code behind all of it, belong to us or to our licensors and are protected by intellectual property law.
We grant you a limited, personal, non-exclusive, non-transferable, revocable licence to use the app for your own non-commercial enjoyment, subject to these Terms. Everything not expressly granted is reserved.
Do not copy our branding, pass off a clone as your own product, or use our name or logo in a way that suggests we endorse you.
If you believe content on Avatar AI infringes your copyright, email liuwilliam12@gmail.com with a description of the work, where the content is, your contact details, and a statement that you believe in good faith the use is unauthorised. We investigate, remove infringing content, and terminate repeat infringers.
Suspension and termination
You can leave at any time: sign out, delete the app, or delete your account from Settings.
We may suspend or terminate your access, remove content, or restrict features if you breach these Terms, if we are required to by law, if your account is used fraudulently, or if we discontinue the service. Where it is reasonable and lawful, we will tell you why and give you a chance to respond. For the most serious violations, above all sexual content involving minors, the account is removed immediately and without notice.
If we terminate your account for breach, unused Gems are forfeited and paid subscription periods are not refunded, except where the law requires otherwise. If we discontinue Avatar AI as a whole, we will give reasonable notice and, where required, refund the unused portion of a prepaid subscription.
Sections that by their nature should outlive the agreement do so: the licence covering content we still host, the disclaimers, the limitation of liability, the indemnity, and the governing law and disputes section.
Disclaimers
Avatar AI is provided 'as is' and 'as available', without warranty of any kind. To the maximum extent the law allows, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, non-infringement, accuracy, and any warranty arising from a course of dealing or trade usage.
We do not warrant that the service will be uninterrupted, timely, secure or error-free, that generated content will be accurate or suitable for you, that a specific character, model, provider or feature will remain available, or that data will never be lost. Keep your own copy of anything you would be upset to lose.
Some places do not allow the exclusion of certain warranties, so parts of this section may not apply to you. Nothing here limits consumer rights that cannot be waived where you live.
Limitation of liability
To the maximum extent the law allows, Avatar AI and the people who operate it will not be liable for indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, lost revenue, lost data, lost goodwill or emotional distress, arising out of or relating to your use of the service, whether the claim is in contract, tort, statute or anything else, and even if we were told such damages were possible.
Our total liability for all claims relating to the service in any 12 month period is limited to the greater of the amount you paid us in the 12 months before the event that gave rise to the claim, or fifty US dollars.
We are not liable for the content of AI-generated output, for what other users create or say, or for the acts or failures of the third-party services this app depends on.
Nothing in these Terms excludes liability that cannot be excluded by law, including liability for death or personal injury caused by negligence, or for fraud or fraudulent misrepresentation.
Indemnity
You agree to indemnify and hold harmless Avatar AI and the people who operate it against claims, damages, losses, liabilities and reasonable legal fees arising from your content, your use of the service, your breach of these Terms or of the law, or your infringement of anyone else's rights.
We may take over the defence and control of any claim covered by this section, at your expense, and you agree to cooperate with us if we do.
Governing law and disputes
These Terms, and any dispute arising out of them or out of your use of Avatar AI, are governed by the laws of the State of California, USA, without regard to its conflict of law rules. The exclusive venue for any dispute is the state and federal courts located in California, and you and Avatar AI each consent to personal jurisdiction there.
If you are a consumer resident in the EEA or the UK, this does not deprive you of the protection of the mandatory laws of your country, or of your right to bring proceedings in your local courts.
Please email us before filing anything. Most problems are solved faster that way, and we commit to responding to a dispute notice within 30 days.
To the extent the law allows a contractual limitation period, any claim must be brought within one year after it arises. To the extent the law allows, you and Avatar AI agree to bring claims only individually, and not as a plaintiff or class member in any class or representative action.
If any provision of these Terms is held unenforceable, the rest stays in force. Our failure to enforce a provision is not a waiver of it. These Terms together with the Privacy Policy are the entire agreement between us about the service. You may not assign this agreement; we may assign it to a successor in connection with a merger, acquisition or sale of assets.
Changes to these terms
We may update these Terms as the product changes. The effective date at the top always tells you which version is current, and we keep the previous versions.
For material changes, such as a change to prices, to what Gems buy, or to how disputes are resolved, we will give notice in the app, and by email where we have your address, before they take effect.
If you keep using Avatar AI after a change takes effect, you accept the updated Terms. If you do not accept them, stop using the service and delete your account from Settings.
Contact
Questions about these Terms, reports of content that breaks them, copyright complaints, refund requests and legal notices all go to the same place: liuwilliam12@gmail.com.
You can also send a report or a bug from inside the app with Send Feedback, on the Profile screen. Reports about content involving minors are handled first, always.
Avatar AI. Terms of Service at https://avatar-ai.org/terms, Privacy Policy at https://avatar-ai.org/privacy.