Terms of Use

1. Eligibility

The Services are intended only for individuals who are at least 18 years old or the age of majority in their jurisdiction, whichever is greater. By using the Services, you represent and warrant that you are legally able to enter into a binding agreement.

We may request proof of age or eligibility. If we determine that you are not eligible, we may suspend or terminate your account.

2. About the Services

Hushtalk provides AI-powered chat, communication, entertainment, creative, and companion experiences. The Services may allow users to create, customize, chat with, and interact with AI companions, AI-generated characters, or other AI features.

AI responses are generated automatically and may be inaccurate, incomplete, offensive, inappropriate, unsafe, or unexpected. You are responsible for how you interpret, rely on, share, or use AI-generated content.

3. Account Registration and Security

You may need to create an account to access certain features. You agree to provide accurate, complete, and current information and to keep it updated.

You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account. You may not sell, share, transfer, or permit others to use your account without our prior written permission. If you believe your account has been compromised, you must notify us promptly.

4. Privacy and Data Use

Your use of the Services is also governed by our Privacy Policy. The Privacy Policy explains how we collect, use, disclose, store, and protect information, including prompts, messages, uploaded files, feedback, device information, and other data related to AI chat features.

You understand that your interactions with AI systems may be processed by Hushtalk and by service providers that help operate, secure, moderate, analyze, or improve the Services. You should not submit confidential, highly sensitive, or regulated information unless a feature expressly requires it and you are authorized to provide it.

5. No Professional or Emergency Advice

Hushtalk does not provide medical, mental health, legal, financial, tax, emergency, or other professional advice. The Services are not a substitute for professional care, diagnosis, treatment, counseling, legal advice, financial guidance, or emergency assistance.

If you are experiencing a medical or mental health emergency, or if you may harm yourself or others, stop using the Services and contact emergency services or a qualified professional in your location.

6. User Content

"User Content" means any text, prompts, messages, images, audio, files, feedback, profile information, character settings, preferences, or other materials that you submit, upload, store, transmit, or otherwise provide through the Services.

You are solely responsible for your User Content. You represent and warrant that you have all rights needed to provide your User Content and that it does not violate these Terms, applicable law, or any third-party rights.

7. AI-Generated Content

"AI-Generated Content" means content generated by the Services in response to your inputs, including messages, character responses, images, audio, descriptions, summaries, recommendations, or other outputs.

Subject to applicable law and these Terms, you may use AI-Generated Content for personal or lawful purposes. You are responsible for reviewing AI-Generated Content before relying on, publishing, distributing, or using it.

Hushtalk does not guarantee that AI-Generated Content will be accurate, original, safe, lawful, appropriate, available, or free from third-party rights claims.

8. License You Grant to Us

You retain any rights you may have in your User Content. By submitting User Content to the Services, you grant Hushtalk a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to host, store, reproduce, process, modify, transmit, display, perform, analyze, and use your User Content as necessary to operate, provide, maintain, secure, moderate, support, improve, and develop the Services.

This license includes the right to make technical changes to your User Content so it can be displayed or processed across devices, networks, formats, models, and systems.

Where permitted by law and our Privacy Policy, we may use aggregated, anonymized, or de-identified information for analytics, research, product improvement, model evaluation, safety, and service development.

9. Feedback

If you provide feedback, suggestions, ideas, improvements, or feature requests, you grant Hushtalk the right to use them without restriction or compensation to you. We may use feedback to improve, modify, market, or develop the Services.

10. Acceptable Use

You agree not to use the Services to:

• Violate any applicable law, regulation, or third-party right.
• Infringe intellectual property, privacy, publicity, contractual, or confidentiality rights.
• Create, request, upload, share, or distribute illegal, abusive, exploitative, deceptive, or harmful content.
• Create, solicit, or promote child sexual abuse material or any sexual content involving minors.
• Promote terrorism, violent extremism, criminal activity, self-harm, suicide, or harm to others.
• Harass, threaten, defame, impersonate, exploit, manipulate, or deceive any person.
• Obtain or attempt to obtain another person's password, account, private information, or security information.
• Interfere with, disrupt, overload, attack, or damage the Services or related infrastructure.
• Bypass, disable, circumvent, or manipulate safety systems, moderation tools, usage limits, access controls, or security features.
• Scrape, crawl, spider, harvest, or extract data from the Services without permission.
• Reverse engineer, decompile, or attempt to discover source code, models, prompts, algorithms, weights, or underlying systems.
• Use the Services for spam, automated messaging, unauthorized advertising, fraud, phishing, or deceptive activity.
• Use the Services in a way that exploits vulnerable individuals or communities.

Violation of these rules may result in content removal, account restrictions, suspension, termination, reporting to authorities, or other action we consider appropriate.

11. Safety, Moderation, and Legal Requests

We may review, restrict, remove, preserve, or disclose content or account information when we believe it is reasonably necessary to enforce these Terms, comply with law, respond to lawful requests, protect users, prevent fraud or abuse, investigate security incidents, or protect the rights, property, safety, or legal interests of Hushtalk, users, or the public.

Automated systems and human reviewers may be used for moderation, safety, quality, security, support, and abuse-prevention purposes, as further described in the Privacy Policy.

12. Intellectual Property

The Services, including software, interfaces, designs, graphics, text, features, trademarks, logos, models, systems, prompts, workflows, and other materials, are owned by Hushtalk or its licensors and are protected by intellectual property laws.

Except as expressly allowed by these Terms, you may not copy, modify, distribute, sell, lease, reverse engineer, create derivative works from, or exploit any part of the Services.

13. Third-Party Services and Providers

The Services may include links, integrations, AI model providers, cloud infrastructure, payment systems, app stores, analytics tools, authentication providers, or other third-party services. We do not control and are not responsible for third-party services, content, policies, security, availability, or practices.

Your use of third-party services may be subject to separate terms and privacy policies. Information you choose to share with a third party is governed by that third party's terms and policies.

14. Payments, Subscriptions, and Auto-Renewal

Some Services may be free, while others may require payment, subscription, credits, or in-app purchases. If you purchase paid features, you agree to pay all applicable fees, taxes, and charges.

Payments may be processed by third-party payment processors or app stores, and their terms may also apply. Subscriptions may renew automatically unless canceled before the renewal date. You are responsible for canceling subscriptions through your account settings, payment provider, or applicable app store. Unless required by law or expressly stated otherwise, fees already paid are non-refundable.

15. Changes to the Services

We may modify, suspend, limit, or discontinue any part of the Services at any time. We may add or remove features, impose usage limits, restrict access, or change technical requirements where necessary for business, technical, legal, safety, or security reasons.

16. Account Deletion and Termination

You may stop using the Services at any time. You may request account deletion through available account tools or by contacting us.

We may suspend or terminate your access to the Services if we believe you violated these Terms, created risk, caused harm, failed to pay required fees, or used the Services unlawfully or abusively.

After termination or deletion, we may retain certain information as described in the Privacy Policy, including where needed for legal compliance, dispute resolution, payment records, security, abuse prevention, audit records, or enforcement of these Terms. Sections that by their nature should survive will continue to apply.

17. Disclaimers

The Services are provided on an "as is" and "as available" basis. To the fullest extent permitted by law, Hushtalk disclaims all warranties, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, availability, reliability, security, and uninterrupted operation.

We do not guarantee that the Services will be error-free, secure, uninterrupted, suitable for your needs, or that AI-generated responses will be accurate, appropriate, safe, lawful, or available.

18. Limitation of Liability

To the fullest extent permitted by law, Hushtalk and its owners, officers, employees, contractors, partners, service providers, and affiliates will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, data, goodwill, business opportunities, or service availability.

To the fullest extent permitted by law, Hushtalk's total liability for any claim arising out of or relating to the Services or these Terms will not exceed the greater of the amount you paid to Hushtalk for the Services in the 12 months before the claim arose or USD $100.

19. Indemnification

You agree to defend, indemnify, and hold harmless Hushtalk and its owners, officers, employees, contractors, partners, service providers, and affiliates from and against any claims, damages, liabilities, losses, costs, and expenses, including reasonable attorneys' fees, arising from or related to your use or misuse of the Services, your User Content, your use of AI-Generated Content, your violation of these Terms, your violation of law or third-party rights, or activity conducted through your account.

20. Dispute Resolution

Before bringing a formal claim, you agree to contact us and attempt to resolve the dispute informally. If a dispute cannot be resolved informally, it will be handled according to the governing law and venue stated below, unless applicable law requires otherwise.

Where permitted by law, disputes must be brought individually and not as part of a class, collective, consolidated, or representative action.

21. Governing Law

These Terms will be governed by applicable law. Any legal action or proceeding arising from these Terms or the Services will be brought in the courts of competent jurisdiction, unless applicable law requires a different forum.

22. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we may notify you through the Services, by email, or by other reasonable means.

Your continued use of the Services after updated Terms become effective means you accept the updated Terms.