Terms of Service

1. About the Service

WaifuGen.ai ("WaifuGen", "we", "us", "our", "the Service") is an AI-powered platform for creating and chatting with anime-style characters. The Service includes AI text chat, AI image generation, and character creation tools. The Service hosts adult (18+) content, including NSFW imagery and text.

2. Adult Content Disclaimer

This Service provides AI-generated fictional content intended for adults aged 18 and older. All characters depicted within the Service are entirely fictional and are depicted as being 18 years of age or older. No real persons are depicted in any content generated by the Service. Users must not use the Service to generate content depicting real individuals or minors under any circumstances.

By accessing or using the Service, you acknowledge and agree that you are at least 18 years of age (or the age of majority in your jurisdiction, whichever is higher), that you are legally permitted to access adult content in your jurisdiction, and that you accept full responsibility for your use of the Service and any content you generate, view, or distribute.

3. Age Requirement

You must be at least 18 years old to use WaifuGen.ai. By creating an account or using the Service, you confirm that you are 18 or older and that accessing adult content is legal in your jurisdiction. We reserve the right to terminate any account we believe belongs to a minor without notice or liability.

4. User Accounts

• Accounts are created through third-party OAuth providers (Google, Discord).
• Each person may maintain only one account.
• You are responsible for all activity on your account, including any content generated, viewed, shared, or distributed through your account.
• Do not share your account or login credentials with others.
• You agree to notify us immediately of any unauthorized use of your account.

5. User Responsibility

You are solely responsible for any content you generate, view, share, download, or distribute through the Service. WaifuGen does not monitor, control, endorse, or assume any responsibility for user-generated content or AI-generated outputs. You acknowledge that you use the Service at your own risk and that you are solely responsible for ensuring that your use of the Service and any generated content complies with all applicable laws and regulations in your jurisdiction.

6. Credits and Billing

• The Service uses a credit-based system. Credits are consumed when you send messages, generate images, or create characters.
• Free accounts receive a daily credit allowance that resets each day and does not roll over.
• Paid subscriptions provide monthly credits and auto-renew each billing cycle unless cancelled.
• Credit packs are one-time purchases and do not expire.
• All purchases are final and non-refundable. Credits have no cash value and cannot be transferred, exchanged, or redeemed for cash.
• You can cancel your subscription at any time through the Stripe billing portal. Cancellation takes effect at the end of your current billing period. No prorated refunds will be issued for partial billing periods.
• We reserve the right to modify pricing, credit amounts, and subscription tiers at any time. Changes to pricing will not affect existing billing periods already paid for.

7. Acceptable Use

You agree not to use the Service to:

• Generate content depicting real people (celebrities, public figures, or private individuals).
• Generate content depicting minors in any context, sexual or otherwise.
• Generate content that is illegal in your jurisdiction or in France.
• Redistribute, resell, or commercially exploit generated content without prior written permission.
• Attempt to bypass safety filters, age verification, or content moderation systems.
• Use the Service for harassment, defamation, spam, or any harmful, abusive, or unlawful purpose.
• Reverse-engineer, decompile, scrape, crawl, or interfere with the Service's infrastructure, APIs, or security mechanisms.
• Use automated tools, bots, or scripts to access the Service without prior written authorization.
• Impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity.

Violation of these terms may result in immediate account termination without notice or refund.

8. AI-Generated Content — No Liability for AI Output

All images and text produced by the Service are generated by machine learning models and may be unpredictable, inaccurate, or unexpected. We make no representations, warranties, or guarantees about the accuracy, safety, legality, quality, suitability, or appropriateness of any AI-generated content.

You acknowledge and agree that:

• All generated content is entirely fictional and does not depict real individuals, events, or places.
• All characters are fictional and depicted as adults (18+).
• AI-generated outputs may contain errors, inconsistencies, or unintended content.
• You are solely responsible for how you use, store, share, or distribute content generated through your account.
• WaifuGen bears no responsibility for any consequences arising from your use of AI-generated content, including but not limited to legal, reputational, emotional, or financial consequences.
• You will not rely on AI-generated content for any factual, legal, medical, or professional purpose.

9. Content Moderation

We reserve the right, but have no obligation, to review, moderate, or remove any content on the platform at our sole discretion and without notice. This includes generated images, chat messages, and custom characters. We may use automated systems and manual review to enforce our policies. We are not responsible for any content that we do not remove or moderate.

10. Intellectual Property

• You retain rights to content you generate through the Service for personal, non-commercial use only.
• The Service, its design, branding, underlying models, algorithms, software, and technology remain the exclusive intellectual property of WaifuGen and its licensors.
• You grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable license to store, process, reproduce, and display your generated content as needed to operate, maintain, and improve the Service.
• You represent and warrant that your use of the Service does not infringe upon any third-party intellectual property rights.

11. DMCA / Takedown Notices

If you believe any content available through the Service infringes your intellectual property rights or other legal rights, please contact us at [email protected] with the following information:

• A description of the copyrighted work or right you claim has been infringed.
• A description of the allegedly infringing content and its location on the Service.
• Your contact information (name, address, email, phone number).
• A statement that you have a good faith belief that the use is not authorized by the rights owner, its agent, or the law.
• A statement, under penalty of perjury, that the information in your notice is accurate and that you are the rights owner or authorized to act on behalf of the rights owner.
• Your physical or electronic signature.

We will review and, where appropriate, remove infringing content within 72 hours of receiving a valid and complete notice.

12. Account Termination

We may suspend or permanently terminate your account at any time, with or without cause, and with or without notice, if you violate these Terms, abuse the Service, or engage in activity we deem harmful or inappropriate. Terminated accounts forfeit any remaining credits without right to refund or compensation. We are not obligated to provide notice, justification, or a hearing before or after termination.

13. No Warranty

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, OR QUIET ENJOYMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THAT ANY GENERATED CONTENT WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WAIFUGEN, ITS OWNERS, OPERATORS, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, GOODWILL, REPUTATION, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF (OR INABILITY TO USE) THE SERVICE, ANY CONTENT GENERATED BY OR THROUGH THE SERVICE, ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, OR ANY UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT OR DATA, REGARDLESS OF THE THEORY OF LIABILITY (WHETHER CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF WAIFUGEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU HAVE PAID TO US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) TEN EUROS (EUR 10.00).

15. Indemnification

You agree to indemnify, defend, and hold harmless WaifuGen, its owners, operators, affiliates, directors, officers, employees, agents, and licensors from and against any and all claims, demands, actions, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or in connection with:

• Your use of the Service or any content you generate, view, share, download, or distribute through the Service.
• Your violation of these Terms of Service.
• Your violation of any applicable law, regulation, or third-party right.
• Any content you submit, post, or transmit through the Service.
• Any claim that your use of the Service caused damage to a third party.

This indemnification obligation shall survive the termination of your account and these Terms.

16. Governing Law and Dispute Resolution

These Terms of Service and any dispute arising out of or in connection with them, including any question regarding their existence, validity, or termination, shall be governed by and construed in accordance with the laws of France, without regard to its conflict of law provisions.

Any disputes arising under or in connection with these Terms shall be submitted to the exclusive jurisdiction of the courts of Montpellier, France. You irrevocably consent to the personal jurisdiction and venue of such courts and waive any objection based on inconvenient forum.

17. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the original intent of the parties.

18. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and WaifuGen regarding the use of the Service and supersede all prior or contemporaneous agreements, representations, warranties, and understandings, whether written or oral, relating to the subject matter hereof.

19. Changes to These Terms

We reserve the right to modify these Terms at any time at our sole discretion. Significant changes will be communicated through the Service or via email. Your continued use of the Service after the effective date of any changes constitutes your acceptance of the updated Terms. If you do not agree with the modified Terms, you must discontinue use of the Service immediately.

20. Contact

If you have questions about these Terms, contact us at [email protected].