1. Introduction and Acceptance
Welcome to OpenChar (the "Service"), operated by OpenChar Ltd, a private company limited by shares registered in the Republic of Cyprus (registration No. HE 174641), with its registered office at 16 Stasikratous Street, 1065, Nicosia, Cyprus ("OpenChar", "we", "us", or "our").
These Terms of Service (the "Terms") constitute a legally binding agreement between you ("you", "your", or "User") and OpenChar governing your access to and use of the Service, including our website at openchar.app, the Telegram Mini App, and any related features, content, or services (collectively, the "Platform").
By creating an account, accessing, or using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy, Cookie Policy, and Content and Community Rules, each of which is incorporated into these Terms by reference.
IMPORTANT: By using the Platform, you additionally acknowledge that:
- (a) the Service generates artificial-intelligence ("AI") content (text and images) that is fictional and may not reflect real events, persons, or accurate information;
- (b) portions of the Service may include AI-generated adult ("18+") content, which is strictly age-restricted (Section 5);
- (c) your chats and prompts may be processed by third-party AI providers to generate responses (see Section 16 and our Privacy Policy).
If you do not agree to these Terms, you must not access or use the Platform.
2. Eligibility
The Platform and all 18+ features are intended solely for individuals who are at least 18 years of age (or the age of majority in their jurisdiction, if higher). By using the Platform, you represent and warrant that:
- you are at least 18 years old and legally capable of entering into these Terms;
- you have not been previously suspended or removed from the Service;
- your use of the Service, and its content, complies with the laws of your jurisdiction (including local restrictions on adult content, if applicable).
If you are under 18, you are strictly prohibited from accessing or using the Platform, creating an account, or enabling 18+ features. Misrepresenting your age constitutes a material breach of these Terms and may result in immediate termination.
Access to 18+ features requires a separate age confirmation gate (Section 5). We may, at our discretion and as permitted by law, use technical measures (e.g., third-party age-verification services) to enforce these restrictions.
3. Accounts
3.1 Account Types. The Platform may provide three account types:
- Guest accounts — automatically provisioned, limited daily usage, subject to the quotas disclosed in the Service;
- Email accounts — registered with an email address and password;
- Telegram accounts — authenticated through the Telegram Mini App using Telegram's user data (Telegram user ID, username, profile name, and avatar).
3.2 Registration Information. When registering, you agree to provide accurate, current, and complete information, and to keep it up to date. You may not create an account using false identity or for anyone other than yourself.
3.3 Account Security. You are responsible for maintaining the confidentiality of your credentials and for all activities occurring under your account. You must notify us promptly of any unauthorized access. We are not liable for losses arising from your failure to protect your account.
3.4 Account Restrictions. You may not transfer, sell, share, or assign your account. You may not create additional accounts to circumvent restrictions, bans, quotas, or rate limits. We may terminate accounts we reasonably believe to be operated under a false identity, by a minor, or in circumvention of prior enforcement.
4. Limited License to Use the Platform
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for your personal, non-commercial purposes.
This license does not include the right to sublicense, modify, adapt, translate, reverse engineer, decompile, disassemble, scrape, resell, or create derivative works based on the Platform, or to use the Platform to develop, train, or evaluate machine-learning models.
We may modify, suspend, or discontinue the Platform (or any part of it), temporarily or permanently, with or without notice where permitted by law. We are not liable to you or any third party for any modification, suspension, or discontinuation of the Platform.
5. Age-Restricted (18+) Features
The Service may allow you to enable access to AI-generated adult content ("18+ content"). By enabling 18+ features you represent and warrant that:
- you are at least 18 years old;
- viewing AI-generated adult content is legal in your jurisdiction;
- you will not allow any other person, in particular any minor, to access 18+ content on your device or account.
Enabling 18+ features requires an explicit, unresolved-by-default confirmation. We record the fact of confirmation (type, version, date/time) for compliance purposes. You may withdraw your 18+ opt-in at any time in your settings, which will disable access to such content.
6. User Content
6.1 Definition. "User Content" means any text, characters, character cards, prompts, images, personas, chats, or other materials you submit, upload, create, or generate through the Platform — including content you generate with the help of our AI tools.
6.2 Ownership. You retain ownership of the User Content you lawfully submit, subject to the licenses granted herein. AI-generated content (assistant responses and generated images) is produced by third-party AI models over which we have no ownership or editorial control; your rights in such content are limited to the personal, non-commercial use of that content through the Platform, and AI-generated output may not be protected by copyright under applicable law.
6.3 License to OpenChar. By submitting User Content, you grant OpenChar a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, reproduce, process, adapt (including through AI processing), display, and distribute such content solely as necessary to operate, provide, maintain, moderate, and improve the Platform (e.g., storing your chats and characters, sending prompts to AI providers, generating images, moderating content, backing up data). If you publish a character to the public catalog, you additionally allow other users to access, view, and interact with that character through the Platform. This license continues for as long as needed to preserve the integrity of the Platform after you stop using it, but does not create a right for us to sell or commercially exploit your content independently of the Service.
6.4 AI-Provider Processing. Your prompts, character definitions, and chat context are transmitted to third-party AI service providers (e.g., large-language-model and image-generation providers, further described in our Privacy Policy) for the purpose of generating responses and images. We do not guarantee that AI providers will retain, use, or train on such data; their handling is governed by their own terms and by our Privacy Policy.
6.5 Responsibility and Warranties. You are solely responsible for your User Content. You represent and warrant that you own or have the necessary rights to submit your User Content (including the likeness or image of any person depicted) and that it does not violate these Terms, our Content and Community Rules, or any third-party rights or applicable law.
6.6 Fictional Characters. Characters on the Platform are fictional. Creating a character that impersonates a real, named person (public figure or private individual) without their consent — or using the Platform to generate images of real people without their authorization — is prohibited and may be removed without notice.
7. Prohibited Content and Conduct
You agree not to submit, post, generate, or transmit any content that:
- (a) sexualizes, depicts, or involves minors in any form, including fictional or drawn depictions — this is an absolute prohibition and grounds for immediate permanent termination and, where required, referral to law enforcement;
- (b) promotes, depicts, or facilitates non-consensual sexual scenarios, sexual violence, or bestiality;
- (c) promotes human trafficking, slavery, or sexual exploitation;
- (d) promotes terrorism, violent extremism, political violence, or organized crime;
- (e) encourages, depicts, or instructs on self-harm, suicide, or serious bodily harm;
- (f) constitutes hate speech, promotes discrimination, or incites violence against individuals or groups;
- (g) harasses, bullies, intimidates, threatens, or stalks any person;
- (h) discloses personal or private information about others without consent ("doxxing");
- (i) depicts or impersonates real, named people in sexual or intimate content without their documented consent;
- (j) is illegal under applicable law or advocates illegal activity.
You further agree not to:
- (i) use automated systems, bots, crawlers, scrapers, or scripts to access the Platform without authorization;
- (ii) attempt to gain unauthorized access to accounts, systems, or networks;
- (iii) interfere with, overload, or disrupt the operation of the Platform (including abusive automated chat/image generation) or circumvent security, moderation, rate limits, or usage quotas;
- (iv) harvest user data or collect personal information of other users;
- (v) use the Platform commercially without our prior written consent;
- (vi) share your account credentials with others.
We do not pre-screen all content, but we operate a combination of automated systems and human review to detect and action prohibited or illegal content. We may remove or restrict content, quantize or block access, and suspend or terminate accounts at our sole reasonable discretion (see Section 10).
8. Intellectual Property of the Platform
The Platform's design, software code, static graphics, layouts, trademarks, trade dress, selection, coordination and arrangement of content, and all original features and functionality are owned by OpenChar or its licensors and are protected by copyright, trademark, and other intellectual-property laws. You may not use our name, logos, or branding without prior written consent.
9. Subscriptions, Tokens, and Payments
9.1 Token Economy. Certain features (e.g., image generation, premium models, daily usage beyond free quotas) are provided in exchange for Tokens or access to a paid plan (each, a "Paid Feature"). Tokens are prepaid virtual credits that hold no monetary value.
9.2 Virtual Credits. Tokens are a limited, personal, non-transferable right to use Paid Features of the Service. They are not legal tender, cannot be transferred between users, bear no interest, cannot be redeemed for cash, and may expire or change in value per the plan disclosed at purchase, except where applicable law requires otherwise.
9.3 Subscriptions. If you subscribe to a paid plan, subscription fees are billed in advance on a recurring basis according to the billing cycle you select. Your subscription automatically renews at the end of each billing period unless you cancel before the renewal date. You authorize us and our payment partners to charge your payment method for recurring fees until you cancel.
9.4 Cancellation. You may cancel your subscription at any time through your account's subscription management settings (or through the respective app store / payment provider's portal, if applicable). Upon cancellation, the subscription remains active until the end of the current billing period and will not renew. We do not provide partial refunds or credits for unused time, mid-cycle cancellations, or downgrades, except where required by applicable law.
9.5 Payment Processing. Payments may be processed by third-party payment processors or merchants of record under their own terms. You agree to provide complete, accurate, and current billing information, and confirm that you are authorized to use the payment method provided.
9.6 Failed Charges. If your payment method cannot be charged, we may retry the charge, suspend or downgrade your subscription, or restrict access to Paid Features until payment succeeds. You remain responsible for unpaid amounts, except where prohibited by law.
9.7 Deduction for AI Requests. Tokens are deducted when an AI request is initiated. A request may consume Tokens even if it is interrupted, timed out, or subsequently moderated, because generation resources are consumed. No particular output or successful completion is guaranteed (Section 15). Failed or faulty requests that produced no output may be re-credited at our discretion.
9.8 Token Balance on Termination. If we permanently terminate your account for a material violation of these Terms or our policies, unlawful or fraudulent activity, payment abuse, or other material misuse, we may cancel all unused Tokens and subscription benefits without refund, except where applicable law requires otherwise.
10. Refund Policy
10.1 General Policy. Fees paid are generally non-refundable except as expressly set forth in these Terms or as required by applicable law. You will not be entitled to a refund because we remove content, restrict features, suspend or terminate your account, or take other enforcement action for breach of these Terms or our policies.
10.2 Statutory Consumer Rights. Nothing in these Terms overrides mandatory local consumer-protection laws concerning cancellation, withdrawal, refunds, or other consumer remedies. If you are in the European Economic Area or the United Kingdom, you may have additional statutory rights.
10.3 Defective Paid Features. If you believe a Paid Feature or purchased content is defective (e.g., persistently failing image generation), contact support@openchar.app with details. If we determine that a defect exists, we will provide a repair, replacement, Token re-credit, or refund at our discretion, except where applicable law requires a different remedy.
10.4 Company-Initiated Termination or Discontinuation. If we terminate your paid subscription for reasons other than your breach of these Terms or our policies, or if we permanently discontinue the paid service before the end of your current billing period, we will provide a pro-rata refund or credit for the prepaid, unused portion of your billing period.
10.5 Payment Reversals. If a payment is refunded, reversed, disputed, charged back, or otherwise invalid, we may remove the corresponding Tokens or benefits. If they have already been consumed, your account balance may become negative, the underlying amount remains due, and we may restrict or terminate access. Fraudulent or abusive chargeback requests may result in permanent account termination.
11. Termination
11.1 By You. You may delete your account at any time through your account settings or by contacting support@openchar.app. Where required by applicable law (e.g., GDPR), you may also request erasure of your data; handling of residual data is described in our Privacy Policy. Deleting your account cancels unused Tokens and subscription benefits, except where applicable law requires otherwise.
11.2 By OpenChar. We may suspend or terminate your account and access to the Platform at any time, with or without notice where permitted by law, including for violation of these Terms, our Content and Community Rules, or applicable law; fraudulent or illegal activity; payment failure; extended inactivity; or requests from law enforcement.
11.3 Effect of Termination. Upon termination, your right to use the Platform ceases immediately. We may delete your account and data as described in our Privacy Policy. Sections 6, 7, 8, 10, 12, 13, 14, and 15 survive termination. Termination does not relieve you of obligations incurred prior to termination, including unpaid amounts.
12. Disclaimers
THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, OpenChar DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ACCURACY OF CONTENT.
We do not warrant that the Platform will be uninterrupted, error-free, or secure, or free of harmful components. We do not warrant the accuracy, completeness, usefulness, or legality of any content on the Platform, whether user or AI-generated.
AI Content Disclaimer. AI-generated characters and content are fictional. Responses and images are produced by probabilistic models and may be inaccurate, illegal-adjacent in wrongful circumstances, hallucinated, or reflect user-authored prompts. YOU ACKNOWLEDGE THAT YOU USE AI CONTENT AT YOUR OWN DISCRETION AND RISK, AND THAT NOTHING IN THE PLATFORM CONSTITUTES PROFESSIONAL (MEDICAL, FINANCIAL, LEGAL, PSYCHOLOGICAL, EMERGENCY) ADVICE.
Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OpenChar AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES — INCLUDING LOSS OF PROFITS, DATA, USE, GOODWILL, OR EMOTIONAL DISTRESS — ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE PLATFORM, OR FROM ANY AI-GENERATED CONTENT.
IN NO EVENT SHALL OpenChar'S TOTAL LIABILITY EXCEED THE GREATER OF (A) THE AMOUNTS YOU HAVE PAID TO OpenChar IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) EUR 50.
Some jurisdictions do not allow limitations on incidental or consequential damages, so portions of the above may not apply to you.
14. Indemnification
You agree to indemnify, defend, and hold harmless OpenChar and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Platform; (b) your User Content; (c) your violation of these Terms or our policies; or (d) your violation of any third-party rights.
15. Dispute Resolution
15.1 Informal Resolution. Before initiating formal proceedings, you agree to first contact us at support@openchar.app with a written description of the dispute. We will attempt to resolve it within 30 days.
15.2 Governing Law. These Terms are governed by the laws of the Republic of Cyprus, without regard to conflict-of-law principles. Mandatory consumer-protection rights of your country of residence remain unaffected.
15.3 EU/EEA Consumers. Nothing in these Terms deprives EU/EEA consumers of the protections of mandatory local law or of the right to bring proceedings before the courts of their place of residence. You may also use the European Commission's Online Dispute Resolution platform where applicable.
15.4 Class Actions. Where lawfully permitted, claims must be brought in an individual capacity, not as a plaintiff or class member in any class or representative proceeding. This provision does not apply to the extent prohibited by applicable EU law or the laws of your jurisdiction.
16. Third-Party Services
The Platform relies on third-party services — including large-language-model providers (accessed via OpenRouter or similar routing), image-generation providers (e.g., Runware), hosting (e.g., Vercel), database and storage providers (e.g., Neon, Backblaze B2, BunnyCDN), analytics (e.g., PostHog), messaging (Telegram Bot API), and payment providers — to operate. We are not responsible for the content, policies, availability, or practices of third-party services. Details of the data each service may receive are described in our Privacy Policy.
17. Data Protection
If you are located in the European Economic Area, the United Kingdom, or Switzerland, you may have additional rights under the General Data Protection Regulation and other applicable data-protection laws. OpenChar acts as the data controller for personal data collected through the Platform.
Under applicable law, you may have the right to: access your personal data; rectify inaccurate data; request erasure of your data; restrict processing; object to processing based on legitimate interests; data portability; and withdraw consent at any time. To exercise these rights, contact support@openchar.app.
For detailed information about our data practices, please review our Privacy Policy.
18. Illegal Content, Safety, and Reporting
18.1 Our Commitment. We work to protect users from illegal content on the Platform. "Illegal content" means content that amounts to a criminal offence under applicable law, including child sexual exploitation and abuse, terrorism and violent extremism, encouraging or assisting suicide or serious self-harm, threats and harassment, human trafficking, hate offences, and fraud. Where we identify illegal or prohibited content, we will take appropriate action, which may include removing the content, restricting its visibility, and suspending or terminating the responsible account.
18.2 Detection. We use a combination of automated tools and human review to detect, assess, and remove illegal or prohibited content, and keep these systems under review.
18.3 Reporting. If you encounter content that you believe is illegal, you can report it using the "Report" function on the relevant content or by contacting support@openchar.app. You do not need an account to submit a report.
18.4 Handling Reports. When we receive a report, we review it and decide what action is appropriate. We aim to acknowledge reports within 7 days and to act on illegal content as soon as we become aware of it. Depending on our assessment, we may remove or restrict the content, take action against the responsible account, refer the matter to law enforcement, or, where we find no breach, take no action.
18.5 Appeals. If you disagree with our decision to remove your content or action your account, you may appeal by contacting support@openchar.app. We will review appeals and confirm the outcome; where we determine that content was wrongly removed or an account wrongly actioned, we will reinstate it promptly.
19. Modifications to These Terms
We may modify these Terms at any time. For material changes, we will notify you via a prominent Platform notification, re-presentation of the Terms, or the email address on file — and, where required by law, we will provide prior notice before the change takes effect. Your continued use of the Platform after changes become effective constitutes acceptance of the modified Terms. If you disagree with a modification, you must stop using the Platform and may delete your account.
20. General Provisions
20.1 Severability. If any provision of these Terms is found to be unenforceable or invalid, it shall be limited or eliminated to the minimum extent necessary, and the remaining provisions remain in full force and effect.
20.2 Entire Agreement. These Terms, together with the Privacy Policy and other incorporated policies, constitute the entire agreement between you and OpenChar regarding the Platform and supersede all prior agreements and understandings.
20.3 Waiver. Our failure to enforce any right or provision of these Terms is not a waiver of that right or provision.
20.4 Assignment. You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction (e.g., in connection with a merger, acquisition, or sale of assets).
20.5 Electronic Communications. By using the Platform, you consent to receiving electronic communications from us (e.g., service notices), and agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy legal requirements for written form.
20.6 Force Majeure. Neither party is in breach of these Terms, nor liable for any failure or delay in performance, where such failure or delay arises from acts or events beyond reasonable control — including acts of God, natural disasters, war, sanctions, strikes, power outages, or communication or third-party provider failures (including AI-provider outages).
20.7 Language. These Terms may be made available in multiple languages. In the event of any inconsistency between language versions, the English version governs, except where local law confers priority on a localized version.
21. Contact Information
- General Support: support@openchar.app
- Privacy Inquiries: support@openchar.app
- Legal Matters: support@openchar.app
- Copyright Claims: support@openchar.app