aikoo — Terms of Service

1. Introduction

These Terms of Service ("Terms") are a legally binding agreement between you ("you" or "User") and COSA, Inc. ("Company," "we," "us," or "our") governing your access to and use of the AI character-based chat service known as "aikoo," available via our website, mobile applications, and all related content, features, tools, and functionality (collectively, the "Services"). Through the Services, users can enjoy a variety of conversational entertainment with AI characters across a range of categories and themes.

If you are using the Services on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, and "you" includes both you and that entity.

By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must not use the Services.

2. Acceptance of the Terms

You agree to these Terms by:

• (a) creating an account;
• (b) accessing or using any part of the Services; or
• (c) continuing to use the Services after changes to the Terms become effective.

Your continued use of the Services constitutes acceptance of any revised Terms, except as otherwise provided in Section 21.10 (changes to the arbitration agreement).

3. Eligibility and Age Requirements

The Services are intended solely for adults. You must be at least 18 years old (or the age of majority in your jurisdiction, if higher) to access or use the Services. The Services are not directed to, and may not be used by, anyone under the age of 18.

By accessing or using the Services, you represent and warrant that you are at least 18 years old and that all information you provide regarding your age and identity is truthful and accurate. Providing false age information is a material breach of these Terms.

We may use reasonable age assurance, age estimation, or age verification measures, directly or through third-party providers, to confirm that users meet this requirement, and we may condition access to the Services on completion of such measures. We reserve the right to request additional information or documentation to verify your age at any time. No age assurance method is perfect, and to the maximum extent permitted by law we are not responsible for users who misrepresent their age.

If we determine, or reasonably suspect, that a user is under 18, we may suspend or terminate that user's account and access to the Services and may delete associated information in accordance with applicable law and our Privacy Policy.

Children under 13. The Services are not intended for children under 13, and we do not knowingly collect personal information from children under 13. If we learn that we have collected personal information from a child under 13 without verifiable parental consent, we will take steps to delete that information as required by the Children's Online Privacy Protection Act ("COPPA"). If you believe a child under 13 has provided us personal information, please contact us at support@mail.aikoo.me.

4. Account Registration and Security

Certain features of the Services require registration. You agree to provide accurate, current, and complete information and to keep your account information updated.

You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. We are not responsible for any loss or damage resulting from unauthorized access to your account.

We reserve the right to suspend or terminate accounts that are inactive for an extended period or that violate these Terms.

5. Nature of the Services and AI-Generated Content

The AI characters provided through the Services are artificial intelligence systems, and their responses are generated by artificial intelligence, not by a human being. Unless a feature or interaction within the Services is clearly identified as involving a human (for example, human customer support), you should assume that you are interacting with an AI system and that content generated through the Services is produced by artificial intelligence and does not originate from a human being.

When you are interacting with an AI character, we provide a clear and conspicuous disclosure that you are interacting with artificial intelligence, and if you ask an AI character whether you are talking to a human or an AI, the Services are designed to confirm that you are interacting with an AI system. The Services may also display periodic reminders during such interactions. If and where the Services offer interactions involving a human, we will clearly identify those interactions as such.

AI-generated content is inherently probabilistic and may be inaccurate, incomplete, misleading, fictional, or offensive. Such content may not reflect real events, people, emotions, intentions, or outcomes.

The Services are provided for entertainment and self-reflection. They are not a professional service and do not provide medical, legal, financial, investment, psychological, or other professional advice; no content should be relied upon as such. The AI characters are not licensed professionals and hold no professional credentials.

6. No Reliance and Assumption of Risk

You acknowledge and agree that you must not rely on any AI-generated content, including Interactive Content as described in Section 5.2, for making decisions that may affect your health, finances, relationships, legal rights, or well-being.

Any actions you take based on content generated through the Services are taken entirely at your own risk. You assume full responsibility for your use of the Services and for any consequences resulting from such use.

We make no representations or warranties regarding the accuracy, reliability, usefulness, or suitability of any AI-generated content, and we expressly disclaim any duty of care with respect to such content, except to the extent such a disclaimer is prohibited by applicable law.

7. Safety; Crisis Resources; No Emergency Services

The Services are intended for entertainment and self-reflection. They are not designed or intended to provide crisis support, suicide prevention, mental-health treatment, counseling, or emergency assistance, and AI-generated characters are not a substitute for qualified human professionals.

If you are experiencing a medical or mental-health emergency, are in crisis, or are having thoughts of self-harm or suicide, do not rely on the Services. Contact your local emergency number immediately. In the United States, you can call or text 988 to reach the Suicide and Crisis Lifeline, available 24 hours a day.

We maintain a protocol intended to address user expressions of suicidal ideation, suicide, or self-harm, including measures designed to prevent the Services from producing content encouraging suicide or self-harm and to refer users who express such ideation to crisis service providers. A description of this protocol is published on our Safety Protocol page. We will operate this protocol in accordance with applicable law, including laws governing companion chatbots and similar AI systems.

You acknowledge that companion-style AI interactions may not be suitable for everyone. Nothing in these Terms limits, waives, or modifies any obligation that we may have under applicable law, including any applicable law requiring disclosures, safety protocols, or reporting in connection with AI companion services.

8. User Content Responsibility

You are solely responsible for any content you submit, upload, transmit, or otherwise make available through the Services ("User Content"). You represent and warrant that you own or have all necessary rights, permissions, and consents to submit such User Content.

We do not control, endorse, or guarantee the accuracy of User Content, and we are not responsible for any User Content or for any loss or damage resulting from your interaction with User Content.

9. Prohibited Conduct

You agree not to use the Services to submit, generate, or share content that:

• (a) violates any applicable law or regulation;
• (b) infringes intellectual property, privacy, or publicity rights of others;
• (c) is defamatory, abusive, harassing, threatening, or discriminatory;
• (d) contains excessive violence, sexual exploitation, or self-harm content;
• (e) promotes illegal activities, fraud, or deception;
• (f) attempts to circumvent safety features, age requirements, or other restrictions of the Services;
• (g) impersonates any person or entity; or
• (h) is otherwise objectionable or harmful, as determined by us in our sole discretion.

10. Monitoring and Moderation

We reserve the right, but except as required by applicable law have no obligation, to monitor, review, remove, restrict, or disable access to any content or account at any time and for any reason, including to enforce these Terms, comply with legal obligations, or protect the safety and integrity of the Services.

We may use automated systems and human review to detect violations of these Terms. You acknowledge that such monitoring may occur.

11. License to User Content

You retain ownership of any intellectual property rights that you hold in the User Content you submit to the Services.

By submitting User Content, you grant the Company a non-exclusive, worldwide, royalty-free, fully paid, transferable, and sublicensable license to use, host, store, reproduce, modify, adapt, analyze, display, and distribute such User Content solely for the purposes of operating, providing, maintaining, improving, promoting, and developing the Services, including AI system training, quality improvement, safety monitoring, and compliance with legal obligations.

12. Aggregated and De-Identified Information

The Company may create aggregated, anonymized, or de-identified data derived from User Content, usage of the Services, or other information collected through the Services ("Aggregated Data").

The Company may use, analyze, share, and disclose Aggregated Data for any lawful purpose, including but not limited to service improvement, AI model training, research and development, analytics, benchmarking, marketing insights, and business partnerships, provided that such Aggregated Data does not identify you as an individual.

13. AI Output and Intellectual Property

As between you and the Company, you may use AI-generated output produced through your interactions with the Services for personal and non-commercial purposes, subject to these Terms.

We do not guarantee that any AI-generated output is unique, original, or non-infringing, and similar or identical outputs may be generated for other users. We make no representations regarding ownership, copyrightability, or enforceability of rights in AI-generated output.

14. Company Intellectual Property

All rights, title, and interest in and to the Services, including software, algorithms, models, designs, trademarks, logos, and documentation, are owned by or licensed to the Company and are protected by applicable intellectual property laws.

You may not copy, modify, distribute, sell, lease, reverse engineer, or exploit any part of the Services except as expressly permitted by these Terms.

15. Paid Services and Billing

Certain features or content within the Services may require payment. By making a purchase, you agree to provide accurate and complete billing information and authorize us to charge your selected payment method. Prices are shown before purchase.

All purchases are final and non-refundable except where required by applicable law. If you purchase through a third-party platform (such as an app store), that platform's payment, refund, and cancellation policies also apply.

We reserve the right to change pricing or the features offered, with reasonable advance notice where required by law.

16. Third-Party Services

The Services may include links to or integrations with third-party websites, applications, or services. We do not control and are not responsible for third-party services, and your use of them is at your own risk and subject to their terms.

17. Suspension and Termination

We may suspend, restrict, or terminate your access to the Services at any time, with or without notice, if we reasonably believe that you have violated these Terms, including your actual or suspected failure to meet the age requirements in Section 3 or your failure to complete any requested age verification, or if such action is necessary to protect the Services, users, or the Company.

Upon termination, your right to use the Services will immediately cease. Sections that by their nature should survive termination will survive, including but not limited to disclaimers, limitation of liability, indemnification, and dispute resolution provisions.

18. Disclaimer of Warranties

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM DEFECTS, OR THAT ANY CONTENT OR AI-GENERATED OUTPUT WILL BE ACCURATE, RELIABLE, OR MEET YOUR EXPECTATIONS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

19. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY'S TOTAL LIABILITY FOR ALL CLAIMS EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS (USD $100), OR (B) THE AMOUNT YOU PAID TO THE COMPANY FOR THE SERVICES IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

THE LIMITATIONS IN THIS SECTION 19 ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND THE COMPANY.

20. Indemnification

You agree to defend, indemnify, and hold harmless the Company and its officers, directors, employees, contractors, and affiliates from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• (a) your use of the Services;
• (b) your User Content;
• (c) your violation of these Terms; or
• (d) your violation of any applicable law or the rights of any third party.

21. Dispute Resolution and Binding Arbitration

22. Governing Law and Venue

These Terms are governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles, except that the Federal Arbitration Act governs Section 21.

To the extent any dispute is not subject to arbitration, you agree that such dispute shall be resolved exclusively in the state or federal courts located in California, and you consent to personal jurisdiction in those courts.

Consumers / Mandatory Local Law. If you use the Services as a consumer and reside outside the United States, (i) the governing-law provision above does not deprive you of the protection of mandatory provisions of the consumer-protection law of your country of habitual residence, and (ii) nothing in these Terms—including the arbitration agreement, class action waiver, limitation of liability, disclaimers, and limitation-of-actions period—excludes or limits any right or remedy that cannot lawfully be excluded or limited under the law applicable to you. Where such mandatory law conflicts with these Terms, that law prevails, and the remaining provisions remain in effect.

23. Changes to the Terms

We may modify these Terms from time to time. If we make material changes, we will provide reasonable notice as required by law. Your continued use of the Services after the effective date of the revised Terms constitutes your acceptance of the changes, except that changes to Section 21 are governed by Section 21.10.

24. Feedback

If you provide us with any suggestions, ideas, feedback, recommendations, or other input regarding the Services ("Feedback"), you agree that such Feedback is provided voluntarily and without restriction.

You grant the Company a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, fully paid, transferable, and sublicensable license to use, reproduce, modify, adapt, publish, distribute, and otherwise exploit the Feedback for any purpose, including improving and developing the Services, without compensation, attribution, or notice to you.

25. Miscellaneous

26. Contact Information

If you have any questions about these Terms or the Services, please contact us at:

California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.