Terms of Service

Important notice: arbitration and class action waiver

PLEASE READ SECTION 17 (“DISPUTE RESOLUTION; BINDING ARBITRATION; CLASS ACTION WAIVER”) CAREFULLY. IT REQUIRES YOU AND TOKOMI TO RESOLVE MOST DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION RATHER THAN IN COURT, AND IT WAIVES YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR CLASS-WIDE ARBITRATION. YOU MAY OPT OUT OF ARBITRATION WITHIN 30 DAYS OF FIRST ACCEPTING THESE TERMS BY FOLLOWING THE INSTRUCTIONS IN SECTION 17.9.

1. Eligibility

Tokomi is an adults-only service. You must be at least 18 years old, and at least the age of majority in the state where you live, to create an account or use the Service. By using the Service you represent and warrant that you meet this requirement. We do not knowingly permit anyone under 18 to use the Service and will terminate accounts we believe belong to minors.

You may not use the Service if you have previously been suspended or removed from it, if you are located in a country or territory subject to comprehensive United States sanctions, or if you are a person or entity on a United States government restricted-party list.

2. Your account

You may sign up with an email address or through a third-party sign-in provider such as Google or Apple. You agree to provide accurate information and to keep it up to date. You may hold only one personal account, and you may not sell, transfer or share your account or use another person’s account without permission.

You are responsible for safeguarding your credentials and for all activity that occurs under your account. If you believe your account has been accessed without authorization, contact us immediately at [email protected]. We are not liable for losses caused by unauthorized use of your account that results from your failure to keep your credentials secure.

3. Your content

“Your Content” means anything you create, upload, post or submit to the Service, including characters, personas, stories, images, voices, mini apps, themes, comments, profile information and the messages you send to characters. You retain all ownership rights you have in Your Content.

You grant Tokomi a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to host, store, reproduce, modify (for example to reformat, translate or moderate), create derivative works of, publicly display, publicly perform and distribute Your Content solely for the purposes of operating, providing, improving, securing and promoting the Service. For content you set to public, this license also allows other users to view and interact with it through the Service. This license continues for as long as Your Content remains on the Service and for a commercially reasonable period afterwards to remove it from backups; for public content that other users have already interacted with (for example a public character used in their conversations), the license survives to the extent needed to preserve those users’ experience.

You represent and warrant that you own or have all rights necessary to grant this license, that Your Content does not infringe or misappropriate any third party’s intellectual property, privacy, publicity or other rights, and that Your Content complies with these Terms and our Community Guidelines. You are solely responsible for Your Content. We do not endorse any user content and have no obligation to pre-screen it, but we may remove or restrict content at any time in our discretion.

If you send us suggestions, ideas or feedback, you agree we may use them without restriction or compensation to you.

4. Acceptable use

You agree to use the Service only for lawful purposes and in accordance with these Terms and our Community Guidelines, which are incorporated into these Terms. Without limiting the Guidelines, you agree not to:

• Create, upload, request or share any sexual content involving minors, or any character depicted or described as under 18 in a sexual context. We have zero tolerance for this and report apparent child sexual abuse material to the National Center for Missing & Exploited Children (NCMEC) and law enforcement.
• Create content that depicts or impersonates a real person without their consent, including intimate imagery, deepfakes or characters that use a real person’s name, likeness or voice.
• Harass, threaten, defame or bully others, or post hateful content that attacks people based on protected characteristics.
• Promote, glorify or provide instructions for violence, terrorism, self-harm, suicide, eating disorders or illegal activity.
• Post spam, scams, unsolicited advertising, malware or content designed to redirect users off the Service for fraudulent purposes.
• Access the Service by any automated means (including bots, scrapers and crawlers) other than through interfaces we make available; harvest data about other users; or reverse engineer, decompile or attempt to extract source code, models or prompts.
• Circumvent, disable or interfere with security, moderation, rate limits, age controls or any other protective feature of the Service.
• Use outputs of the Service to develop competing models or services, or represent AI-generated output as human-authored where that would be misleading.
• Violate any applicable law, including export control, sanctions, privacy and consumer protection laws.

We may investigate suspected violations and take any action we consider appropriate, including removing content, limiting features, suspending or terminating accounts, withholding virtual items or creator earnings, and reporting to law enforcement.

5. AI-generated content

Characters on Tokomi are fictional and their replies, voices, images and other outputs are generated by artificial intelligence (“Outputs”). You are always interacting with software, not a human being, even where a character claims otherwise as part of its role-play. Outputs may be inaccurate, incomplete, inconsistent, offensive or otherwise unexpected despite our safeguards, and similar or identical Outputs may be produced for other users.

Outputs are not advice. Nothing a character says constitutes medical, mental-health, legal, financial, safety or other professional advice, and characters are not a substitute for care from a qualified professional or for real human relationships. If you are in crisis or thinking about harming yourself or others, contact your local emergency number (911 in the United States) or call or text the 988 Suicide & Crisis Lifeline.

As between you and Tokomi, and subject to the rights of other users and third parties, you may use the Outputs generated in your own conversations for your personal, non-commercial purposes. You may not use Outputs in violation of these Terms, the Guidelines or applicable law, and you acknowledge that Outputs may not be protectable by copyright.

6. Virtual items: Stars and memberships

The Service uses a virtual currency called “Stars” and offers paid memberships (“Tokomi+”). Stars and memberships are digital items licensed to you, not sold. They have no monetary value, are not property, cannot be redeemed for cash or transferred to other users or accounts, and may only be used within the Service. We may set limits on the amount of Stars you can purchase or hold.

Stars come in several types. Purchased Stars and Free Stars do not expire while your account is active. Expiring Stars granted with memberships or promotions expire on the dates shown in your wallet. We may change the features Stars unlock, the cost of those features and the rate at which Stars are earned at any time; where a change materially reduces the value of Stars you have purchased, we will give reasonable notice.

All Stars and membership benefits are forfeited when your account is deleted, or when it is terminated for a breach of these Terms, and no refund will be owed except as stated in our Refund Policy.

7. Purchases, pricing and payment

Prices, billing terms and what you receive are shown at the point of purchase. Prices are in United States dollars unless otherwise indicated and may exclude taxes, which we collect where required. We may change prices at any time; changes do not affect purchases already completed.

Purchases made on our website are processed by third-party payment processors. By purchasing you authorize us and our processors to charge your chosen payment method for the total amount shown. Memberships purchased on our website are prepaid for a fixed term and do not renew automatically. Purchases made through the Apple App Store or Google Play are subject to that store’s terms, including any auto-renewal and cancellation terms disclosed there, and refunds for those purchases are handled by the store.

All purchases are final except as described in our Refund Policy or as required by applicable law. If you initiate a chargeback or payment reversal for a purchase you received, we may suspend your account and remove the associated items pending resolution.

8. Creators

If you publish characters, mini apps, themes or other content for other users, or participate in any creator monetization program, the Creator Terms also apply to you and are incorporated into these Terms. If the Creator Terms conflict with these Terms as to creator activities, the Creator Terms control.

9. Tokomi’s intellectual property

The Service, including its software, models, prompts, design, text, graphics, logos, trademarks and all content provided by Tokomi (excluding Your Content and other users’ content), is owned by Tokomi or its licensors and protected by intellectual property laws. Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial use. All rights not expressly granted are reserved. “Tokomi”, “Tokomi+” and our logos are trademarks of Tokomi; you may not use them without our prior written permission.

10. Copyright complaints

We respect the intellectual property of others and respond to notices of alleged infringement in accordance with the Digital Millennium Copyright Act. Our Copyright & DMCA Policy explains how to submit a notice or counter-notice and describes our repeat-infringer policy.

11. Third-party services

The Service may contain links to, or integrate with, third-party websites, sign-in providers, payment processors, app stores and other services that we do not control. Your use of those services is governed by their own terms and privacy policies, and we are not responsible for their content, practices or availability.

12. Privacy

Our Privacy Policy describes how we collect, use and share personal information, and our Cookie Policy describes the cookies and similar technologies we use. You can manage certain choices on our 你的隱私選擇 page. By using the Service you acknowledge these documents.

13. Moderation, suspension and termination

We may, with or without notice, remove or restrict access to any content, and suspend, limit or terminate your account or your access to any part of the Service, if we reasonably believe you have violated these Terms or the Guidelines, if required by law, to protect the Service or other users, or if we discontinue the Service or a feature. Where practicable we will tell you the reason and, unless doing so would be unlawful or unsafe, give you an opportunity to appeal by writing to [email protected] within 30 days.

You may stop using the Service at any time and may delete your account from Settings. Deleting your account permanently removes your personal information as described in our Privacy Policy, forfeits all Stars, memberships and other virtual items, and cannot be undone. Public content you created may remain available as described in Section 3.

Sections that by their nature should survive termination (including Sections 3, 5, 6, 9 and 14 through 23) will survive.

14. Disclaimers

THE SERVICE, ALL CONTENT AND ALL OUTPUTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, TOKOMI AND ITS AFFILIATES, LICENSORS AND SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY AND UNINTERRUPTED OR ERROR-FREE OPERATION. WE DO NOT WARRANT THAT OUTPUTS WILL BE ACCURATE, APPROPRIATE OR SUITABLE FOR ANY PURPOSE, OR THAT THE SERVICE WILL MEET YOUR EXPECTATIONS.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you. Nothing in these Terms limits any rights you have under applicable consumer protection law that cannot be waived by contract.

15. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, TOKOMI AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL OR EMOTIONAL DISTRESS, ARISING OUT OF OR RELATING TO THE SERVICE, ANY CONTENT OR OUTPUTS, OR THESE TERMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO TOKOMI IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM AND (B) ONE HUNDRED UNITED STATES DOLLARS (US$100).

The limitations in this Section do not apply to liability that cannot be limited by law, including liability for our fraud, gross negligence or willful misconduct, or to the extent a jurisdiction does not allow the limitation of certain damages.

16. Indemnification

To the fullest extent permitted by law, you agree to defend, indemnify and hold harmless Tokomi and its affiliates, officers, directors, employees and agents from and against any claims, liabilities, damages, losses and expenses (including reasonable attorneys’ fees) arising out of or relating to Your Content, your use of the Service, your violation of these Terms or the Guidelines, or your violation of any law or the rights of any third party.

17. Dispute resolution; binding arbitration; class action waiver

17.1 Scope. Except as set out in Section 17.8, you and Tokomi agree that any dispute, claim or controversy arising out of or relating to these Terms, the Service or your relationship with Tokomi (a “Dispute”) will be resolved exclusively through binding individual arbitration as described in this Section. This agreement to arbitrate is governed by the Federal Arbitration Act (9 U.S.C. § 1 et seq.).

17.2 Informal resolution first. Before starting arbitration, the party raising the Dispute must send the other a written notice describing the Dispute and the relief sought (a “Notice”). Notices to Tokomi must be emailed to [email protected] with the subject line “Dispute Notice” and must include your name, account email and a detailed description. You and Tokomi agree to attempt in good faith to resolve the Dispute informally for 60 days after the Notice is received, including through at least one telephone or video conference if either party requests it. Any statute of limitations is tolled during this period. A court may enjoin the filing of an arbitration that does not comply with this requirement.

17.3 Arbitration procedure. If the Dispute is not resolved informally, it will be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect (available at www.adr.org), as modified by this Section. If AAA is unavailable, the parties will agree on, or a court will appoint, a substitute administrator. The arbitrator will be a single neutral arbitrator. Hearings will take place by videoconference unless the arbitrator determines an in-person hearing is necessary, in which case it will be held in the United States county where you live, or another mutually agreed location. The arbitrator may award any relief that a court could award to the individual party, must follow these Terms as a court would, and will issue a reasoned written decision.

17.4 Fees. Payment of AAA filing, administration and arbitrator fees will be governed by the AAA rules. If your claim is for US$10,000 or less, Tokomi will pay all AAA fees other than the initial filing fee you would have paid in court, unless the arbitrator finds your claim frivolous. Each party bears its own attorneys’ fees unless the arbitrator awards them under applicable law.

17.5 Class action waiver. YOU AND TOKOMI AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person’s claims or preside over any form of representative or class proceeding, and may award relief only in favor of the individual party seeking relief and only to the extent necessary to resolve that party’s claim. If this Section 17.5 is found unenforceable as to a particular claim or request for relief, that claim or request will be severed and decided in court, and the remaining claims will be arbitrated.

17.6 Batch arbitration. If 25 or more similar demands for arbitration are filed against Tokomi by or with the assistance of the same law firm or organization within 90 days, the AAA will administer them in batches of up to 50 demands per batch, with a single arbitrator and a single set of fees per batch. The parties will cooperate in good faith to implement this batching process; disagreements about batching will be resolved by a process arbitrator appointed by the AAA.

17.7 Jury trial waiver. To the extent any Dispute proceeds in court rather than arbitration, YOU AND TOKOMI EACH WAIVE ANY RIGHT TO A JURY TRIAL.

17.8 Exceptions. Either party may (a) bring an individual action in small claims court for Disputes within that court’s jurisdiction, and (b) seek injunctive or other equitable relief in court to protect its intellectual property rights or to stop unauthorized use of the Service. You may also bring claims or complaints before federal, state or local government agencies, which may be able to seek relief on your behalf.

17.9 30-day opt-out. You may opt out of this agreement to arbitrate by emailing [email protected] with the subject line “Arbitration Opt-Out” within 30 days after you first accept these Terms. Your email must include your name and account email and state clearly that you wish to opt out. Opting out does not affect any other part of these Terms and does not affect any prior agreement to arbitrate between you and Tokomi.

17.10 Changes. If we change this Section 17 after you accept these Terms, you may reject the change by emailing us within 30 days of the change taking effect, in which case the version of this Section you most recently accepted will continue to apply. Changes to this Section do not apply to Disputes already noticed or filed.

17.11 Survival and severability. This Section 17 survives termination of your account or these Terms. Except as stated in Section 17.5, if any part of this Section is found unenforceable, the remainder will remain in effect.

18. Governing law and venue

These Terms and any Dispute are governed by the laws of the Republic of Singapore, without regard to its conflict-of-laws rules, except that Section 17 is governed by the Federal Arbitration Act and this choice of law does not deprive you of the protection of mandatory consumer protection laws of the state in which you reside. For any Dispute that is not subject to arbitration and is not brought in small claims court, you and Tokomi consent to the exclusive jurisdiction of the courts of Singapore, and you waive any objection to venue there.

19. Changes to these Terms

We may update these Terms from time to time. If a change is material we will give you at least 30 days’ notice before it takes effect by posting a notice in the Service, sending an email to the address on your account, or both, unless the change is required by law or addresses a new feature, in which case it may take effect immediately. The “Last updated” date at the top shows when the current version took effect. Your continued use of the Service after the effective date means you accept the updated Terms; if you do not agree, you must stop using the Service and may delete your account.

20. Notice to California residents

Under California Civil Code § 1789.3, California users are entitled to the following notice: the Service is provided by Starloom Interactive Pte. Ltd., 25 Seah Street, #02-01, Singapore 188381. To file a complaint regarding the Service or to receive further information, contact us at [email protected]. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.

21. Export controls and sanctions

You agree to comply with all applicable United States and international export control and sanctions laws. You represent that you are not located in, under the control of, or a national or resident of any country or territory subject to comprehensive U.S. sanctions, and that you are not on any U.S. government restricted-party list.

22. Electronic communications

By using the Service you consent to receive communications from us electronically, including by email and through notices in the Service, and you agree that all agreements, notices, disclosures and other communications we provide electronically satisfy any legal requirement that they be in writing. You may withdraw consent to receive promotional emails at any time by using the unsubscribe link in those emails; transactional and legal notices will continue while you have an account.

23. General

These Terms, together with the documents incorporated by reference, are the entire agreement between you and Tokomi regarding the Service and supersede any prior agreements. If any provision is found unenforceable, it will be enforced to the maximum extent permissible and the remaining provisions will remain in effect. Our failure to enforce any provision is not a waiver. You may not assign these Terms without our consent; we may assign them to an affiliate or in connection with a merger, acquisition or sale of assets. We are not liable for delays or failures caused by events beyond our reasonable control. There are no third-party beneficiaries to these Terms except as expressly provided. Section headings are for convenience only. These Terms are written in English; any translation is provided for convenience and the English version controls.

24. Contact

Questions about these Terms may be sent to [email protected] or by mail to Starloom Interactive Pte. Ltd., 25 Seah Street, #02-01, Singapore 188381.