Terms of Service

Last updated: September 17, 2026

Agreement to Terms

These Terms of Service ("Terms") govern your use of the virtual companion application and services ("Service") operated by virtual companion ("we," "us," or "our"). By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of these terms, then you may not access the Service. These Terms apply to all visitors, users, and others who access or use the Service.

Age Requirement

We do not knowingly collect personal information from individuals under 18. If we become aware that we have collected personal information from a person under 18, we will immediately delete such information and terminate the account.

Service Description

Our Service provides an AI-powered virtual companion platform that allows users to: • Create personalized AI companions with custom personalities, traits, and interests • Generate AI-powered avatar images using advanced image generation technology • Engage in text-based conversations with AI companions • Customize companion communication styles, voice types, and cultural backgrounds • Use camera and gallery features for avatar creation inspiration

User Accounts

When you create an account with us, you must provide accurate, complete, and current information. You are responsible for safeguarding the password and for all activities that occur under your account. You agree not to: • Use another person's account or provide false information • Share your account credentials with others • Create multiple accounts for the same person • Use automated systems to access the Service

Acceptable Use Policy

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to use the Service: • To violate any applicable laws or regulations • To harass, abuse, or harm others • To transmit harmful, offensive, or inappropriate content • To attempt to gain unauthorized access to our systems • To interfere with or disrupt the Service • To use the Service for commercial purposes without permission • To impersonate another person or entity

Intellectual Property Rights

The Service and its original content, features, and functionality are and will remain the exclusive property of virtual companion and its licensors. The Service is protected by copyright, trademark, and other laws. You retain ownership of content you create (including avatar personalities, chat conversations, and custom descriptions), but you grant us a license to use, store, and display such content in connection with providing the Service. AI-generated avatar images are created using third-party services (OpenAI DALL-E) and are subject to their terms of service. You may use these images for personal purposes only. You may not reproduce, distribute, modify, or create derivative works of the Service without our express written consent.

Privacy and Data Protection

Your privacy is important to us. Please review our Privacy Policy, which also governs your use of the Service, to understand our practices regarding the collection and use of your information. By using the Service, you consent to the collection and use of information in accordance with our Privacy Policy.

Disclaimers and Limitations

We disclaim all warranties, express or implied, including but not limited to: • Warranties of merchantability and fitness for a particular purpose • Warranties that the Service will be uninterrupted or error-free • Warranties regarding the accuracy or reliability of AI responses • Warranties that the Service will meet your specific requirements • AI companions are not real people and cannot provide professional advice • This Service is not a substitute for professional mental health care • We are not responsible for emotional dependency or distress • Users assume all risks associated with virtual companions

Limitation of Liability

IN NO EVENT SHALL virtual companion BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES. Our total liability to you for any claims arising from or relating to these Terms or the Service shall not exceed the amount you paid us, if any, for the Service in the twelve (12) months preceding the claim. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.

Indemnification

You agree to defend, indemnify, and hold harmless virtual companion and its officers, directors, employees, and agents from and against any claims, damages, obligations, losses, liabilities, costs, or debt arising from: • Your use of the Service • Your violation of these Terms • Your violation of any third-party rights • Any content you submit or transmit through the Service

Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will cease immediately. If you wish to terminate your account, you may simply discontinue using the Service or contact us to delete your account. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Governing Law

These Terms shall be interpreted and governed by the laws of the jurisdiction in which virtual companion operates, without regard to its conflict of law provisions. Any disputes arising from these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms.

Contact Information

If you have any questions about these Terms of Service, please contact us: support@probita.ai