These Terms of Use («Terms») set forth the legally binding terms and conditions for your use of the tyan.ai website and/or any of our online channels, platforms, products or services, including all content contained therein (“Services”). The Services include any affiliated website to which you may be redirected from tyan.ai.

The Services are owned and operated by Animcha LTD, a company registered in Cyprus under company number HE 466718 with its registered office at 1 Apriliou, 2 Ergates, 2643, Nicosia, Cyprus.

By accessing and/or using the Services, you agree to be bound by these Terms of Use. You understand and agree that your access and/or use of the Services constitutes acceptance of this Agreement and all other rules, platform and as updated from time to time («Rules»). If you do not agree to these Terms of Use or the Policies, discontinue your use of or access to our Services.

Our Services are intended and made available for personal, non-commercial use only. You agree not to use the Services for any commercial, illegal, or unauthorized purpose.

All conversations between users and AI are fictional and should be treated as such. AI characters mimic human-like interactions but have no real emotions or intentions. Elements that resemble reality, such as meeting suggestions or promises of results, are fictional and should not be taken seriously. We are not responsible for misunderstandings in this regard. Users are advised to remember that AI characters exist only in the digital space of the platform, and any expectations outside of it are not supported by Animcha LTD.

1. General Information.

The Services are an online chat application that uses artificial intelligence (“AI”) algorithms to create virtual and fictional characters (“AI Characters”) with whom you can communicate and exchange messages. The Services also include, but are not necessarily limited to, other media such as images and voice memos.

You can select the AI character you want to talk to. You can then start a conversation with the selected character(s).

Characters are available on the main page for you to interact with:

Some are modified prototypes of real people. Some are taken from games and anime - real names from the works are used.

All images sent by AI characters in chats are saved in the gallery.

Account.

Our Services may require you to create a user account with email and password or other available login method (“Protected Areas”). Registration and authorization is available through social networks: Discord, Google, and Telegram will be added in the future.

When registering for our service, users are required to provide the following information:

• Name (required)
• Email (required)
• Password (required)
• Gender (optional)

In addition, at the first step of registration the user must confirm that he/she is over 18 years of age by activating the corresponding checkbox. Without activating this checkbox, the registration process cannot be completed.

By registering and/or accessing Protected Areas, you agree to do so only using your credentials.

You agree to regularly update the information associated with your account, including but not limited to your email address, payment details and subscriptions, to keep it current and accurate. You agree to protect the confidentiality of your account and password and to prevent third parties from accessing them.

You are solely responsible for all activities that occur under your account. Transferring, selling or renting your account to others is unacceptable.

Violation of these Terms of Use may result in suspension or termination of your account at our discretion. We also reserve the right to restrict access to your services at any time if we suspect a violation of the terms. You agree that we will not be liable for any consequences, including denial of access to services or changes in charges, associated with termination of your account.

Subscription

Services may only be available to paid subscribers. Subscriptions begin upon initial payment and payment must be made in accordance with the terms and conditions presented at the time of purchase. You are responsible for paying all fees, charges and taxes (as applicable) associated with the transaction.

When using our service, users have the option to subscribe and purchase virtual currency - koins.

Subscription provides access to exclusive features and content on our service. Subscriptions are based on recurring payments that will be automatically deducted from your account.

Coins represent virtual currency. They can be used to obtain additional services or content on the platform. Once purchased, Coins are credited to your account and can be used at any time. Please note that Coins are non-refundable.

All payments are made through secure payment systems. The user is responsible for providing up-to-date information on payment methods and for having sufficient funds in their account to make payments.

We reserve the right to change subscription rates and the cost of coins. All changes will be announced to users in advance via notifications on the platform or via email.

We are not responsible for any charges and disclaim any liability arising from your use of a third-party distribution platform that is not listed or recognized by us.

Animcha LTD prioritizes the safety and well-being of its users. When using the Services and/or communicating with AI personas, you should not disclose sensitive personal information, including, for example, financial data, addresses, contact information or passwords.

Users are solely responsible for protecting their personal information and should be aware of the potential risks associated with transmitting information online. We encourage users to report any suspicious or inappropriate behavior on the platform as we strive to maintain a safe and respectful environment for all users.

Warranties

You understand and warrant that:

• You are entering into these TOUs on your own behalf only;
• b) You are of legal age to enter into a binding contract with us in the jurisdiction where you reside and/or access the Services;
• c) If you are not of legal age in the jurisdiction where you reside and/or access the Services, you must not access or use our Services.

2. Intellectual Property

All rights in the Services and any embedded materials (including, but not limited to, technology, systems, files, documents, text, photographs, information, images, video, audio and software, whether individually or in the aggregate) are owned by Animcha LTD. You have the right to access, use and display the Services and their content on your devices solely for your personal use.

Animcha LTD grants you a license to use the Services for your personal use only. This license does not imply a transfer of ownership under any circumstances. The license automatically terminates if you violate any restrictions, the terms of these Terms of Use (TOU) or other policies, and may be terminated by us at any time.

For clarification, all intellectual property rights associated with Tyan.ai, including AI characters, platform designs, logos, and any proprietary software or technology, are the exclusive property of Animcha LTD. Users are prohibited from reproducing, modifying, distributing or using any intellectual property without prior authorization. Any unauthorized use may result in legal consequences.

You retain ownership of the intellectual property rights in your data. We will never claim ownership of your data, but we require a license from you to use it.

When you use the Services to provide information that is subject to intellectual property rights, you grant us a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, distribute, modify, modify, run, copy, publicly display, translate, or otherwise create derivative works from your content in accordance with our Privacy Policy.

You authorize us to use your username and other identifying information associated with your account in accordance with your privacy preferences and our Privacy Policy.

3. Execution Policy

Cancellation

You may cancel your subscription at any time. If you choose to cancel your subscription, it will remain active until the end of the current billing period and you will not be charged for the subsequent period.

Access after unsubscribing

Once you cancel your subscription, you retain access to your account and all related features until the end of the current billing period. At the end of that billing period:

1. Platform Access: You will no longer have access to features and content that are exclusive to paid subscriptions.

2. Token Usage: Any remaining tokens in your account will expire and become unusable. Please make sure you have used your tokens before the end of the current billing period, as they are not transferable or refundable once your subscription ends.

You can re-subscribe to our platform at any time to regain access to features and content. However, any tokens from previously canceled subscriptions that are not used within the applicable billing period cannot be transferred to a new subscription. Each subscription period is treated independently and tokens must be used within the applicable billing period.

We cannot refund in cases where there was a technical issue on the user's side. We can only refund subscriptions that were purchased via card.

We do not guarantee accuracy or perfection.

Content on our Services is generated by artificial intelligence and created on demand. By using our Services, you understand and agree that there are limitations inherent in emerging artificial intelligence technologies, and content on the platform may not be accurate or fully meet your preferences and expectations. In addition, our content moderation controls may moderate or modify your request before an output is created, for example, if your request contains or seeks prohibited content. We are committed to providing our users with the best technology and experience, and we appreciate your understanding as we continually improve our Services.

The Services are provided “as is” and “as available” and use of the services is at your own risk. We disclaim all representations and warranties with respect to the services, including warranties of merchantability and fitness for a particular purpose.

We do not warrant:

• The timely and error-free operation of the services;
• That the services will meet your needs;
• The accuracy and reliability of the information on our web site;
• The correction of any errors in the services.

We will not be liable for any damages, including subsequent and consequential damages, arising out of your use of the services, even if we have been advised of the possibility of such damages. We will not be liable for delays or non-accrual of services caused by factors beyond our control.

Account deletion

The user has the right to delete their account at any time through the personal account section. Upon receipt of a request to delete an account, we will initiate the process of deleting the user's personal data. The personal data will be deleted within 30 days of confirmation of the request. Please note that once an account has been deleted, it will not be possible to restore it and its associated data.

4. Governing Law and Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of Cyprus without regard to conflict of laws provisions, regardless of your location.

Any disputes arising out of or in connection with TOU or other Policies, including any questions concerning their existence, validity or termination, shall be referred to and finally resolved by the Hong Kong International Arbitration Centre (HKIAC).

5. Changes to the Terms and Policies

We reserve the right to update or amend these Terms and Policies and/or any other Policies from time to time in our sole discretion, and we may notify you of changes by making a revised version of these documents available through the Services, and the changes will be effective immediately.

We may change the platform and scope of the Services from time to time, with or without notice. We may also terminate or limit the Services to a particular user, in whole or in part, as set forth in our TOU and Policies.

These TOU and other Policies constitute your entire agreement with us pertaining to your access and use of the Services. Any prior or contemporaneous written or oral agreements pertaining thereto are hereby superceded.

We will collect and process your information and technical data in accordance with our Privacy Policy.