Welcome to MyKarakter!
These Terms of Service ("Terms") govern your use of MyKarakter and the software, content, and services (collectively, "Services") offered through: our website mykarakter.com and its subdomains (the "Website"), our mobile app MyKarakter for iOS and Android (the "Apps").
MyKarakter is provided by Minniti Ezequiel Adrian (from now on, the 'Developer'). Please read these terms carefully before you start using the Services.
The term "device" refers to the device which is used to access the Services including but not limited to computers, smart phones and tablets.
The term "you" refers to the user of the Services.
When you sign up for any of the Services or otherwise use or access them, you agree to be bound by these Terms and all applicable laws, rules, and regulations. By using the Services, you indicate that you accept these Terms and that you agree to abide by them. If you do not agree to these Terms, please refrain from using the services.
MyKarakter offers AI-powered roleplay chat services that allow users to interact with AI characters through text and voice interfaces. Our Services enable users to create, customize, and engage in conversations with fictional AI characters for entertainment and creative expression purposes.
You must be at least 18 years old to use our Services. By using the Services, you represent and warrant that:
• You are at least 18 years of age.
• You can form a binding contract with the Developer.
• You are not barred from receiving the Services under applicable laws.
• You will comply with these Terms and all applicable local, state, national, and international laws, rules, and regulations.
We do not knowingly collect personally identifiable information from users under 18. If you are a parent or guardian and believe your child has provided us with personal information, please contact us immediately so we can take necessary action.
You are solely responsible for all content that you upload, post, publish, or share through the Services. You agree to not use the Services to:
• Submit, transmit, or otherwise upload any content that infringes any intellectual property or other proprietary rights of any party.
• Upload content that contains software viruses or any other computer code designed to interrupt, destroy or limit the functionality of any computer software or hardware.
• Post content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially or ethnically objectionable.
• Engage in any activity that promotes illegal activities, violence, or harm to any person or group.
• Solicit personal information from anyone under the age of 18.
• Use the Services for any commercial purposes without our written consent.
You acknowledge that MyKarakter uses artificial intelligence technology to generate responses and content. Due to the nature of AI technology:
• AI-generated content may be inaccurate, inappropriate, or offensive, despite our efforts to prevent such content.
• The Services may occasionally generate similar outputs for different users due to machine learning algorithms.
• You are responsible for evaluating the accuracy and appropriateness of AI-generated content for your use case.
• We do not guarantee the accuracy, reliability, or appropriateness of AI-generated content.
You retain ownership of any original content you create and upload to the Services ("User Content"). However, by uploading User Content, you grant us a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, host, store, modify, reproduce, and distribute your User Content solely for the purpose of operating and improving the Services.
You represent and warrant that you own all rights to your User Content and that it does not infringe upon any third party's intellectual property rights.
MyKarakter may offer both free and paid subscription tiers:
• "Free Use": A free-of-charge program with limited features. We reserve the right to modify or discontinue free access at any time.
• "MyKarakter Premium": A subscription-fee based program providing full access to all Services features.
Subscription fees are processed through app marketplace partners (Apple App Store, Google Play Store) and will continue to be billed automatically until canceled. You must cancel your subscription before renewal to avoid charges. Refunds cannot be claimed for partial subscription periods.
You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You agree to:
• Provide accurate and complete information when registering.
• Maintain the security of your account credentials.
• Not create multiple accounts for yourself.
• Not share, sell, or transfer your account access to others.
• Notify us immediately if you suspect unauthorized access to your account.
MyKarakter respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, you should notify us in accordance with the procedure set forth below.
We will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. A notification of claimed copyright infringement should be emailed to: support@mykarakter.com (Subject line: "DMCA Takedown Request").
To be effective, the notification must be in writing and contain the following information:
• Electronic or Physical Signature: An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright.
• Proof of Copyright Ownership: A description of the copyrighted work that you claim has been infringed, accompanied by proof of copyright ownership.
• Infringing Material: A description of where the material that you claim is infringing is located on the Services.
• Contact Details: Your address, telephone number, and email address.
• Good Faith Statement: A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
• Accuracy Affidavit: A statement, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
If you believe that your content was removed by mistake or misidentification, you may send a written counter-notice to support@mykarakter.com containing:
• Your electronic or physical signature.
• Identification of the content that has been removed and the location where it appeared before removal.
• A statement that you have a good faith belief that the content was removed as a result of mistake or misidentification.
• Your name, address, telephone number, and email address.
• A statement that you consent to the jurisdiction of the federal court in Buenos Aires, Argentina, and that you will accept service of process from the complainant.
Repeat Infringer Policy: We may terminate users who are deemed to be repeat infringers in appropriate circumstances.
The Services may contain content from other users and third parties, and may provide links to other websites. We have no control over such content and websites and are not responsible for them. You acknowledge that we do not pre-screen all content, but we reserve the right to refuse or remove any content that violates these Terms.
Any dealings you have with third parties found while using the Services are between you and the third party. We are not liable for any loss or claim that you may have against any such third party.
Some of our Services are available via mobile devices. To the extent you access the Services through a mobile device, your wireless service carrier's standard charges, data rates, and other fees may apply. You are responsible for any mobile charges that may result from using our Services.
By using mobile Services, you agree that we may communicate with you regarding MyKarakter by SMS, text message, or other electronic means to your mobile device. If you change or deactivate your mobile number, you agree to promptly update your account information.
Software available through the Services may be subject to United States export controls. No software may be downloaded or exported in violation of U.S. export laws. You agree to comply with all local rules and laws regarding your use of the Services, including online conduct and acceptable content.
You agree that you are solely responsible for your interactions with other users. We have no liability or responsibility for disputes between users, but reserve the right (without obligation) to monitor and intervene in disputes when necessary.
Your privacy is important to us. Please review our Privacy Policy to understand how we collect, use, and protect your information when you use our Services. By using our Services, you agree to our data collection and use practices as outlined in our Privacy Policy.
We reserve the right to modify, suspend, or discontinue the Services (or any part thereof) at any time, with or without notice. We may also terminate or suspend your access to the Services immediately if you violate these Terms.
You may terminate your account at any time by deleting it through the Services or contacting us directly.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE DEVELOPER DOES NOT WARRANT THAT:
• THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
• AI-GENERATED CONTENT WILL BE ACCURATE, APPROPRIATE, OR SUITABLE FOR YOUR NEEDS.
• THE SERVICES WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS.
WE ARE NOT RESPONSIBLE FOR ANY CONTENT CREATED, UPLOADED, OR SHARED BY USERS OR GENERATED BY AI TECHNOLOGY.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE DEVELOPER WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR USE, WHETHER INCURRED DIRECTLY OR INDIRECTLY.
IN NO EVENT WILL THE DEVELOPER'S TOTAL LIABILITY EXCEED THE AMOUNT YOU HAVE PAID FOR THE SERVICES IN THE LAST SIX (6) MONTHS, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.
You agree to defend, indemnify, and hold harmless the Developer from any claims, damages, losses, or expenses (including attorneys' fees) arising from:
• Your use of the Services.
• Your violation of these Terms.
• Your violation of any rights of another party.
• Any content you submit through the Services.
YOU AND THE DEVELOPER AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND THE DEVELOPER WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
These Terms and any dispute arising from them will be governed by the laws of the Republic of Argentina. You agree that any claim or dispute you may have against the Developer must be resolved exclusively by a court located in the Autonomous City of Buenos Aires, Argentina.
If you have any questions about these Terms of Service, please contact us at: support@mykarakter.com
We may update these Terms from time to time. We will notify you of significant changes by posting the new Terms on this page and updating the "Last update" date. Your continued use of the Services after such changes constitutes acceptance of the new Terms.
These Terms constitute the entire agreement between you and the Developer regarding the Services and supersede any prior agreements. If any provision of these Terms is found unenforceable, the remaining provisions will continue in full force and effect.
The Developer's failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision. You may not assign your rights under these Terms without our written consent.