Terms and Conditions

1. Acceptance of Terms

By using the Services, you confirm that you have read, understood, and agree to these Terms, our separate Data Policy, and any applicable guidelines. You acknowledge that your jurisdiction permits sexually explicit content and that your use complies with all applicable local laws. We may update these Terms at our sole discretion, and we will notify you of material changes via email. Continued use after updates constitutes acceptance of the revised Terms. You are granted a limited, non-exclusive, non-transferable license to access and use the Services solely for personal, non-commercial purposes, subject to these Terms.

2. Eligibility

You must be at least 18 years old to use the Services. By accessing or using the Services, you represent that you meet this age requirement, have the legal capacity to enter these Terms, and comply with all applicable laws. Persons under 18 are strictly prohibited from using, registering for, or accessing the Services. Sexually explicit content is accessible only behind a paywall, requiring a valid subscription and payment method. We reserve the right to request age verification at any time, including but not limited to government-issued ID uploads or third-party verification services, to prevent unauthorized access by minors. Failure to comply may result in immediate account termination.

3. User Accounts

To access the Services, you must create an account with accurate and complete information. You are responsible for safeguarding your account credentials and for all activities under your account. Notify us immediately at contact@boinkai.com if you suspect unauthorized access. We reserve the right to suspend or terminate accounts at our sole discretion for violations of these Terms, including false information or prohibited conduct.

4. User Conduct

You agree to use the Services responsibly and not to:

• Engage in illegal activities or violate applicable laws.
• Create, share, or promote Prohibited Content, including but not limited to:
  • Child Sexual Abuse Material (CSAM) or content sexualizing minors.
  • Non-consensual content (NCC), including depictions of sexual violence or non-consensual acts.
  • Revenge porn or content intended to exploit or harm individuals.
  • Blackmail, intimidation, or terrorism-related content.
  • Fraudulent or misleading content, including scams or false representations.
  • Bestiality, incest, extreme violence, or hate speech.
  • Discriminatory content promoting harm based on protected characteristics.
• Harass, abuse, or impersonate others, including creating Companions resembling real-world celebrities or public figures.
• Attempt to hack, reverse-engineer, or disrupt the Services' functionality.
• Use automated scripts or bots without permission.

We employ pre-moderation and automated systems to detect and remove Prohibited Content. Violations result in immediate account suspension or termination at our sole discretion. We may report illegal activities (e.g., CSAM, terrorism) to law enforcement and cooperate fully with authorities. We periodically review, audit, and use chat logs to enforce policies and improve the Services, and you consent to such use.

5. Content Ownership and Licensing

• User Content: You retain ownership of content you upload (e.g., custom Companion designs), but chat records are owned exclusively by us. By submitting content, you grant us a worldwide, non-exclusive, royalty-free license to use, store, modify, and display it solely to operate and improve the Services. You represent that your content does not infringe third-party rights.
• Our Content: All Platform materials, including AI models, software, chat records, and pre-existing Companions, are owned by us or our licensors. You may not copy, modify, or distribute our content without permission.
• AI-Generated Content: Content generated by our AI (e.g., Companion responses, images, voice notes) is owned by us but licensed to you for personal, non-commercial use under the limited license granted in Section 1.

We proactively monitor user-created content to prevent intellectual property infringement, including unauthorized use of celebrity likenesses. Attempts to modify, adapt, or reformat AI-generated content for public distribution are prohibited. Chat logs are not shared with third parties, and we prioritize privacy and security, implementing strict safeguards to protect user data.

6. Data Policy and Privacy

Your use of the Services is subject to our separate Data Policy, which governs how we collect, use, and protect your data. We retain data, including chat logs, indefinitely for operational, legal, or compliance purposes. We do not share chat conversations with third parties, except as required by law (e.g., law enforcement requests). Privacy and security are our priority, and we implement robust measures to prevent unauthorized access or data breaches. However, we are not liable for damages from data breaches beyond our reasonable control (see Section 11).

7. Subscriptions and Payments

Certain features, including sexually explicit content, require a paid subscription. Subscription tiers, fees, and billing terms are disclosed at purchase. We accept payments via credit/debit cards, Bitcoin, and other cryptocurrencies through first-party processing, as well as third-party processors for non-cryptocurrency payments. You represent and warrant that you have the legal right to use your chosen payment method, that all provided information is accurate, and that your funds and sending account comply with applicable Know Your Customer (KYC) and Anti-Money Laundering (AML) regulations.

• Auto-Renewal: Subscriptions automatically renew at the end of each term (monthly or annually) unless canceled. Your payment method will be charged the applicable fee at renewal.
• Cancellation: You may cancel via account settings. Cancellation takes effect at the end of the paid term, with no refunds for the current term. Due to the nature of our Services, we incur costs for delivery, but refund requests can be discussed by contacting contact@boinkai.com.
• Payment Processing:
  • Fiat Payments: For credit/debit card payments, we use third-party processors. By submitting payment information, you authorize us to share it with these processors.
  • Cryptocurrency Payments: For Bitcoin and other cryptocurrencies, we process payments directly. You are responsible for ensuring payments are sent to the correct wallet address provided by us at checkout. We are not liable for payments sent to incorrect addresses, unconfirmed blockchain transactions, or losses due to user error, network delays, or blockchain forks. Payments are considered complete only after sufficient blockchain confirmations as determined by us. You acknowledge the irreversible nature of cryptocurrency transactions and assume all risks associated with price volatility, network fees, and transaction errors.
• KYC/AML Compliance: You agree to provide accurate information and, if requested, additional documentation (e.g., ID, proof of funds) to comply with KYC/AML requirements. We reserve the right to refuse or reverse payments suspected of violating KYC/AML laws, and we may report suspicious transactions to authorities as required.
• Fraud Protections: You agree not to falsely report payments as fraudulent, lost, or unauthorized without good faith, including cryptocurrency transactions. Violations incur a $100 administrative fee, plus additional liability for damages, including legal fees. We may refuse, cancel, or terminate purchases at our sole discretion for reasons including fraud, service unavailability, errors, or suspected KYC/AML violations.
• Taxes: You are responsible for all applicable taxes associated with your subscription, including any taxes on cryptocurrency transactions.
• Fee Changes: We may modify fees with notice via email. Continued use after changes constitutes acceptance.
• Non-Delivery of Payment: If a payment (fiat or cryptocurrency) is not received or validated due to user error (e.g., incorrect address, insufficient confirmations), we are not obligated to provide access to the Services until payment is confirmed. No refunds or credits will be issued for unconfirmed or misdirected payments.

8. Intellectual Property Protection

We respect intellectual property rights and proactively monitor for infringements. If you believe content infringes your copyright, submit a DMCA-compliant notice to contact@boinkai.com or:

Superscript Inc
30 N Gould St Ste R, Sheridan, WY 82801

Notifications must include:

• Identification of the copyrighted work.
• Description and location of the infringing material.
• Your contact information.
• A good faith statement that the use is unauthorized.
• A statement under penalty of perjury that the information is accurate.
• Your signature.

We comply with the Digital Millennium Copyright Act (DMCA) and terminate accounts of repeat infringers (three valid complaints within six months). Counter-notifications may be submitted as per DMCA requirements.

9. Third-Party Services and Advertising

The Services may include third-party services (e.g., payment processors) or advertisements. We are not responsible for the content, accuracy, or practices of third-party services or ads. Your interactions with third parties are at your own risk, and we disclaim all liability for damages arising from such interactions. Third-party services are subject to their own terms and policies.

10. User Suggestions and Submissions

Any suggestions, feedback, or submissions you provide to us (e.g., via contact@boinkai.com or in-app) are non-confidential and non-proprietary. We have no obligation to compensate, acknowledge, or act on submissions, and we may use them for any purpose without restriction.

11. Limitation of Liability

The Services are provided "as-is" and "as available." We disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee error-free, secure, or uninterrupted Services, nor the accuracy or reliability of AI-generated content.

To the fullest extent permitted by law, we are not liable for any direct, indirect, incidental, consequential, or punitive damages arising from your use of the Services, including loss of data, profits, or business, or damages from data breaches beyond our reasonable control. Our total liability shall not exceed the amount you paid us in the prior 12 months, regardless of legal theory (contract, tort, or otherwise). This cap applies universally, subject to mandatory local laws (e.g., EU consumer protections).

12. Indemnification

You agree to indemnify, defend, and hold harmless Superscript Inc, its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, or expenses (including legal fees) arising from:

• Your use of the Services.
• Your violation of these Terms or applicable laws.
• Your content, including intellectual property infringements.
• Unauthorized access to your account.
• Data breaches or leaks caused by your actions or failure to secure your account.

This indemnification survives termination of your account or these Terms.

13. Dispute Resolution

These Terms are governed by the laws of Wyoming, USA, without regard to conflict of laws principles. For users in the United States, any disputes shall be resolved through binding arbitration in Sheridan, Wyoming, under the rules of the American Arbitration Association, in lieu of court proceedings. You waive the right to participate in class actions or class arbitrations. Each party shall bear its own costs, except as otherwise provided by law.

For users in the European Union, arbitration is not mandatory, and you may pursue disputes in courts as permitted by applicable consumer protection laws. If arbitration is chosen, it will follow the same rules as above, but EU users retain the right to opt for court resolution.

14. Global Accessibility

The Services are available globally. We comply with US laws (e.g., DMCA) and EU regulations (e.g., GDPR). You are responsible for ensuring your use complies with local laws in your jurisdiction. We may restrict access in regions where the Services are prohibited.

15. No Warranties

We make no warranties, express or implied, regarding the Services, including their availability, performance, or suitability for your needs. We do not warrant that the Services will be free of errors, viruses, or interruptions, or that any defects will be corrected.

16. Severability

If any provision of these Terms is held invalid, illegal, or unenforceable, it shall be severed, and the remaining provisions shall remain in full force and effect.

17. Limitation on Time to File Claims

Any claim or cause of action arising from or related to the Services or these Terms must be filed within three (3) months from the date the claim arose, or it will be barred permanently, to the extent permitted by law.

18. Right to Amendments

We reserve the right to amend these Terms at any time, with full flexibility, at our sole discretion. Changes will be effective upon posting on www.boinkai.com, and we will notify you via email. Continued use after changes constitutes acceptance of the revised Terms.

19. Communication Preferences

All communications, including support requests, complaints, or inquiries, must be directed to our single point of contact: contact@boinkai.com. We may contact you via email for account-related matters, updates, or promotional purposes, subject to our Data Policy.

Contact Us

For questions or support, contact us at:
Email: contact@boinkai.com
Address: Superscript Inc, 30 N Gould St Ste R, Sheridan, WY 82801