Terms of Service

1. Agreement

These Terms of Service ("Terms") are an agreement between you and Openalchemy Inc. ("Charbit", "we", "us"), the operator of the Charbit website, apps and services (the "Service"). By creating an account or using the Service you accept these Terms, our Privacy Policy and our Community Guidelines. If you do not agree, do not use the Service.

You must be at least 13 years old to use the Service. If you are under 18 (or under the age of majority where you live), you need a parent or guardian’s permission, and paid features require their consent. Mature content is available only to users who are 18 or older. You confirm that the birth date you give us is true.

2. AI characters

Charbit lets you talk to AI characters by text and voice, create characters, clone voices, and generate and share posts, images, songs and videos. Everything a character says or generates is fiction produced by AI models. It can be inaccurate, incomplete or inappropriate and does not represent our views. Characters are not real people and are not a substitute for professional advice — medical, legal, financial, psychological or otherwise. Do not rely on AI output for decisions that could cause harm. Information that characters find for you (places, homes, jobs, prices) comes from third parties and may be out of date.

If you are in crisis or thinking about harming yourself, contact local emergency services or a crisis line. A character cannot help you in an emergency.

3. Your account

You are responsible for the information you give us, for activity on your account and for keeping your sign-in secure. Tell us promptly at [email protected] if you think your account has been used without permission. One person, one account; do not sell or transfer accounts.

4. Plans, credits and payment

Some features need a paid plan (Charbit Plus or Pro) or credits. What each plan includes and its price are shown before you buy. Prices may differ by store, country and currency and include applicable taxes where the store shows them.

• Subscriptions renew automatically for the same period until you cancel. Cancel at least 24 hours before the renewal date to avoid the next charge; you keep access until the end of the period you paid for.
• Purchases in the iOS app are made through Apple and in the Android app through Google Play, under their terms. Manage and cancel those subscriptions in your App Store or Google Play account settings; refund requests for them are decided by Apple or Google. Purchases on the web are processed by Stripe and can be cancelled in the app or by contacting us.
• Credits are used for features such as image, song and video generation. Credits included in a plan are granted monthly and expire at the end of that month. Credits you buy do not expire while your account exists. Credits have no cash value and cannot be transferred, except to or from a linked OpenAlchemy account where the app offers it.
• If a store refunds a purchase, we remove the related plan or the unused credits from that purchase.
• Except where the law requires otherwise, payments are non-refundable and partial periods are not refunded.
• We may change prices or plan contents for future billing periods; we will tell you in advance where the law requires.

For Japanese consumers, see also our Notice under the Specified Commercial Transactions Act.

5. Your content

"Your Content" means what you create, upload or submit: characters, personas, prompts, images, posts, comments, voice samples, messages and files. You keep ownership of Your Content.

You give us a worldwide, non-exclusive, royalty-free licence to host, store, copy, process, adapt (for example resize or translate) and display Your Content to operate, provide, secure and improve the Service, and — for content you publish — to show it to other users and through share links. This licence ends when you delete the content or your account, except for copies others have already saved or shared, limited-time backups, and where the law requires us to keep it.

You confirm you have the rights needed to submit Your Content and that it does not break these Terms, the law or anyone’s rights.

6. AI-generated output

Subject to these Terms and the law, you may use the images, songs, videos and text the Service generates for you, including for personal sharing. Output may resemble content generated for others, and we do not guarantee that any output is free of third-party rights. You are responsible for how you use output, including checking it before relying on or publishing it.

7. Acceptable use

Follow our Community Guidelines. In particular, do not use the Service to create, upload or generate content that:

• sexualises, endangers or exploits minors in any way;
• is illegal, fraudulent or deceptive, or promotes illegal activity;
• harasses, threatens, defames or incites violence, hatred or self-harm;
• impersonates a real person, or depicts a real person sexually or misleadingly, without their consent;
• infringes intellectual-property, privacy, publicity or other rights;
• contains malware, or attempts to hack, overload, scrape, reverse-engineer or get around the Service’s safety, rate or access limits.

We use automated checks and human review. We may remove content, limit features, and suspend or close accounts that break these Terms, with or without notice where the situation calls for it.

8. Voice cloning and likeness

Clone only your own voice or a voice whose owner has given you explicit, informed permission. You are responsible for obtaining and keeping that permission and for how cloned voices are used. Do not use a real person’s voice or likeness in a way that misleads others.

9. Our service and rights

The Service, including its software, design, characters we provide, and the Charbit name and logo, belongs to us or our licensors. We give you a personal, limited, non-exclusive, non-transferable, revocable licence to use the Service under these Terms. If you send us feedback, we may use it without obligation to you.

Copyright complaints: see Copyright.

10. Third-party services

The Service works with third-party services such as sign-in providers, app stores, payment processors, AI providers, maps and search, and connected accounts you choose to link. Their terms apply to your use of them, and we are not responsible for them.

11. Changes to the Service

The Service is evolving and parts of it are in beta. We may add, change or remove features. If we discontinue a paid feature you have prepaid for, we will offer a fair remedy as the law requires.

12. Ending your use

You can stop using the Service and delete your account at any time (Settings → Delete account, or by emailing us). We may suspend or end your access if you break these Terms, if the law requires it, or to protect users or the Service. Sections that by their nature should continue (for example 5, 9 and 13–16) survive.

13. Disclaimers

To the extent the law allows, the Service and all AI output are provided "as is" and "as available", without warranties of any kind, including fitness for a particular purpose, accuracy and non-infringement. We do not promise that the Service will be uninterrupted, secure or error-free.

14. Limitation of liability

To the extent the law allows, we are not liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, data or goodwill, and our total liability for any claim relating to the Service is limited to the greater of the amount you paid us in the 12 months before the claim or USD 100.

Nothing in these Terms limits liability that cannot be limited by law, including our liability for intentional misconduct or gross negligence, or your rights as a consumer under the law of the country where you live (for example, under Japan’s Consumer Contract Act, clauses that would fully exclude our liability, or limit it for intent or gross negligence, do not apply).

15. Responsibility for claims

To the extent the law allows, you agree to compensate us for claims, losses and reasonable costs arising from Your Content or your breach of these Terms or the law.

16. Disputes and governing law

Please contact [email protected] first; most problems can be solved quickly that way. If we cannot resolve a dispute within 30 days, either of us may take it to a court with jurisdiction.

These Terms are governed by the laws of the jurisdiction in which Openalchemy Inc. is organised, without regard to conflict-of-law rules. If you are a consumer, you also keep the protection of the mandatory laws of the country where you live, and you may bring proceedings in the courts there.

17. Changes to these Terms

We may update these Terms. For material changes we will give notice in the app or by email before they take effect. If you keep using the Service after that, the updated Terms apply; if you do not agree, stop using the Service and delete your account.

18. General

These Terms, the Privacy Policy and the Community Guidelines are the whole agreement between you and us about the Service. If part of these Terms is unenforceable, the rest still applies. Not enforcing a provision is not a waiver. You may not transfer these Terms; we may transfer them as part of a merger, acquisition or sale of assets. If the English and Japanese versions differ, the version in the language you used to sign up prevails to the extent the law allows.

Contact: Openalchemy Inc. — [email protected].