Terms of Service

Effective date: August 22, 2026

These Terms govern your use of Charmingly at charmingly.ai.

Section 11 requires most disputes to be resolved by individual arbitration and waives jury trials and class actions. You may opt out within 30 days.

1. Agreement and Eligibility

Charmingly (“we”, “us”) operates the service from 440 N. Wolfe Rd, Sunnyvale, CA 94085. Contact legal@charmingly.ai.

You must be 18 or older to create an account or use Charmingly. We ask you to confirm this before your first call. If we learn that an account belongs to someone under 18, we close it and delete the associated data.

Before your first call, you agree to these Terms and acknowledge the Privacy Policy. The Acceptable Use Policy forms part of these Terms. If you do not agree, do not start a call.

2. The Service

Charmingly provides live calls with AI avatars. Their faces, voices, words, characters, apparent feelings, and apparent memories are generated by software. There is no human on the other end. See the AI Disclosure.

Avatar output can be inaccurate, outdated, or inappropriate. Charmingly is entertainment and company, not medical, mental-health, therapeutic, legal, or financial advice or care. Do not rely on an avatar for decisions about health, safety, money, or legal rights.

Charmingly is an adult, non-explicit service. Avatars are not intended to produce sexually explicit or pornographic content. The acceptable-use rules apply even when an avatar fails to enforce a boundary correctly.

We may add, remove, or change avatars and product features. If a change materially affects rights you have already accepted, Section 12 applies.

3. Calls, Recording, and Memory

Calls may be recorded. Before calling, you expressly consent to recording and to our processing what you share to provide the call and avatar memory. A recording may include microphone audio, the transcript, generated reply video, and session metadata. Your microphone is active only during a call. The Privacy Policy explains purposes and retention.

Each avatar keeps a separate, lasting memory of what you share. It remains until you wipe that avatar’s memory or close your account. From an avatar’s page, Wipe what [name] remembers erases that memory and our record that you met. It does not affect another avatar, your plan, or your minutes. Erasure is permanent and cannot be undone or edited in part.

Do not share passwords, payment details, government identifiers, or another person’s private information in a call.

Using conversations to improve Charmingly’s avatar and safety models is optional and off by default. You may turn it on or off under Privacy in your account. It is not required to use the service.

4. Plans, Purchases, and Cancellation

Current plans, daily minutes, call limits, carry-over limits, prices, taxes, and billing intervals are shown before purchase. Call time is metered. Top-up minutes are spent after banked plan minutes and do not expire.

Paid plans renew automatically at the price and interval shown when you subscribe, charged to your payment method, until you cancel. There is no fixed end date. Before purchase, we show the renewal interval, amount, and how to cancel. A top-up is a one-time purchase and does not renew.

If you already have a paid plan, selecting a larger plan or a top-up may charge the saved payment method immediately. The purchase button states the amount and interval before it charges. Your bank may require an additional authentication step.

You can cancel a subscription online from Manage billing in your account. Cancellation takes effect at the end of the paid period; access and available minutes continue until then, and you are not charged again. Cancelling a plan does not close your account or erase avatar memory.

Deleting your account cancels an active subscription immediately. Unused paid time and minutes are then unavailable and are not refunded. If you want to use the remainder of a paid period, cancel the plan first and delete the account after that period ends.

We send annual-plan renewal reminders and price-change notices when required by law. A price change applies no earlier than the next renewal, and the notice explains how to cancel. If a payment fails, we may retry it and may pause paid features while it remains unpaid.

Payments are processed by Stripe. We do not receive or store full card numbers.

Except where law requires otherwise, purchases are non-refundable. This does not limit consumer rights or remedies for a service that is faulty or not as described.

5. EU and UK Withdrawal Rights

If applicable law gives you a cooling-off or withdrawal right, that right remains available. For EU and UK digital services, this will generally include 14 days from purchase. By asking us to make a paid plan or top-up available immediately, you request performance during that period. If you withdraw after using part of the service, we may charge the proportion already supplied where law allows.

To exercise a withdrawal right, email legal@charmingly.ai. We will provide any refund required by law using the original payment method.

6. Acceptable Use

You are responsible for what you say to Charmingly and how you use its output. Do not use the service to break the law, harm anyone, evade safeguards, impersonate a person, violate privacy or intellectual-property rights, or generate prohibited content. Do not provide the service to anyone under 18 or bring another person into a recorded call without giving them notice and obtaining any consent their law requires.

The Acceptable Use Policy gives the complete rules. We may restrict an account that violates them.

7. Your Content and Feedback

You keep ownership of what you say or type. You grant us a worldwide, non-exclusive, royalty-free licence to host, store, copy, process, transmit, and display it only as needed to provide and secure Charmingly, build and use avatar memory, investigate reports, support you, and comply with law.

We do not publish your conversations or show them to other Charmingly users. If you separately send product feedback or suggestions, we may use that feedback without restriction or payment.

8. Safety

Charmingly is not a crisis, emergency, or mental-health service. An avatar cannot call emergency services, contact another person for you, or know whether you are safe.

If you are in immediate danger, contact your local emergency number. In the United States, call or text 988. In the United Kingdom, call 116 123. See Safety for international resources, our published crisis protocol, and its limitations.

9. Account Closure, Suspension, and Appeals

You may delete your account from the account screen. This signs you out, deletes the account data we hold, erases avatar memories, and immediately cancels an active paid plan. The Privacy Policy identifies limited records that law may require us or a payment provider to keep.

We may warn, suspend, or close an account for a breach of these Terms or the Acceptable Use Policy, a legal requirement, fraud, or a serious security or safety risk. Severe violations may result in immediate action. Where appropriate and legally permitted, we provide a reason and an opportunity to appeal. Email legal@charmingly.ai with “Appeal” in the subject. If we closed an account without cause, we refund any unused prepaid period as required by law.

10. Disclaimers and Liability

Nothing in these Terms excludes liability that cannot legally be excluded, including liability for fraud or death or personal injury caused by negligence. Mandatory consumer rights always apply.

Subject to that:

• We provide Charmingly with reasonable care and skill, but do not promise uninterrupted, error-free, accurate, or suitable avatar output.
• We are not liable for losses that were not reasonably foreseeable when you accepted these Terms, or that result from using Charmingly for a purpose it is plainly not intended to serve.
• Where liability may lawfully be capped, our total liability for a claim is limited to the greater of the amount you paid us in the 12 months before the claim and USD 100.

11. Disputes

Informal resolution. Email legal@charmingly.ai first. Both sides agree to try to resolve the dispute informally for 30 days before starting formal proceedings.

Individual arbitration. Unless an exception below applies, you and we agree that disputes will be resolved by binding individual arbitration administered by JAMS under its Consumer Arbitration Minimum Standards and applicable rules. Arbitration will take place in Santa Clara County, California, or your home county if you prefer. An arbitrator, rather than a judge or jury, decides the dispute. Where JAMS rules require us to pay a filing fee, we pay it.

Class-action waiver. Claims must be brought individually. Neither side may bring a class, collective, or representative action, and an arbitrator may not consolidate claims without both sides’ agreement. If this waiver is unenforceable for a particular claim, that claim goes to court and the rest of this section continues to apply.

Opting out. You may opt out of arbitration and the class-action waiver by emailing legal@charmingly.ai with the subject “Arbitration opt-out” within 30 days after you first accept these Terms. Include the email address on your account. Opting out costs nothing and changes nothing else.

Exceptions. Either side may bring a qualifying claim in small-claims court. If 25 or more similar claims are filed by or with the help of the same counsel, JAMS’ mass-arbitration procedures apply.

Law and courts. California law governs these Terms, without regard to conflict-of-law rules. Courts in Santa Clara County have jurisdiction over matters not sent to arbitration. If you are an EU or UK consumer, this does not remove mandatory protections of the country where you live or your right to use your local courts where applicable law permits.

12. Changes and Contact

We may update these Terms. We give notice before a material change takes effect and request fresh acceptance before another call where required. Subscription fee changes receive the separate notice described in Section 4. A change does not retroactively reduce rights that already accrued.

Legal: legal@charmingly.ai. Privacy: privacy@charmingly.ai. Safety: safety@charmingly.ai. Security: security@charmingly.ai. Postal: Charmingly, 440 N. Wolfe Rd, Sunnyvale, CA 94085.