Terms of Service

1.
The website and online platform accessible at https://animatefriend.com (the “Platform”) is operated by DCX TRADE s.r.o., a company duly incorporated and existing under the laws of the Czech Republic, with its registered office at Lidická 700/19, Veveří, 602 00 Brno, Czech Republic, Company Identification Number (IČ): 06368247, registered in the Commercial Register maintained by the Regional Court in Brno, File No. C 101692 (the “Operator”).

2.
The Operator is established within the European Union and provides the Platform in accordance with applicable laws of the Czech Republic and binding legislation of the European Union. The Operator is not an anonymous or concealed service provider and acts as an identifiable and transparent operator of an online intermediary service.

3.
The Platform is an AI-driven livechat and user content creation system (UGC platform) designed for hosting, displaying, and distributing synthetic, AI-generated interactive text/audio/video content (“Content”). Registered users can create accounts, interact with AI-driven livechat characters, and upload or replace visual assets to customize their experience.

4.
Users and other third parties may contact the Operator primarily by electronic mail at animatefriend@proton.me, which serves as the main point of contact for inquiries, notices, and general communication and is intended to ensure prompt and efficient responses. For official communications, legal notices, and communications from public authorities within the Czech Republic, the Operator maintains an official data mailbox (datová schránka) in accordance with Czech law. Such communications shall be delivered via the Operator’s data mailbox, identified as 2gcpxqr, which constitutes the Operator’s legally recognized channel for official service and correspondence with public authorities. Important: The Operator does not accept communications delivered by physical mail. Any correspondence sent by postal services shall not be considered valid delivery.

5.
These Terms of Service and any legal relationship arising out of or in connection with the access to or use of the Platform shall be governed by and construed in accordance with the laws of the Czech Republic, with due regard to directly applicable provisions of European Union law. Unless mandatory consumer protection regulations provide otherwise, any disputes arising out of or in connection with these Terms of Service or the use of the Platform shall be subject to the jurisdiction of the competent courts of the Czech Republic.

6.
This section I. defines the fundamental nature of the Platform, the identity of the Operator, and the legal framework under which the Platform is operated. The provisions of this Section shall apply to all users of the Platform and form an integral part of these Terms of Service. The provisions of this section take precedence over any conflicting descriptions elsewhere in these Terms of Service.

7.
By accepting these Terms of Service, whether by registration, accessing or using the Platform, the user expressly acknowledges and agrees that the Operator’s Payment Policy, Privacy Policy, Cookie Policy, DMCA Disclaimer, and U.S. 18 U.S.C. § 2257 Compliance Statement (2257 Disclaimer), as published on the Platform, form an integral part of these Terms of Service. These documents constitute a binding part of the contractual relationship between the user and the Operator, and the user agrees to be bound by them as if they were fully set out herein.

8.
These Terms of Service are effective as of 20 March 2026. The Operator may amend these Terms of Service from time to time for justified reasons, including changes in applicable law, the Platform, or the services provided. Users will be informed of any material changes in an appropriate manner via the Platform. Amendments take effect on the date specified and do not apply retroactively. Continued use of the Platform after the effective date constitutes acceptance of the amended Terms of Service, without prejudice to mandatory consumer protection rights under Czech and European Union law.

1. Visitor
"Visitor" means any person who accesses the Platform without registering for a User Account.

2. Registered User
"Registered User" means any person who registers for a User Account on the Platform in accordance with these Terms of Service. Registration for a User Account and basic use of the Platform is free of charge. Registered Users may use AI-driven livechat systems within the Platform, and may also create or clone livechat characters using their own visual assets, generating a personalized AI-driven character with the same behavior and interactivity as the original model. Access to livechat systems and the ability to create or clone characters are paid services. Some livechat content may be designated as adults-only, in which case users are clearly notified, and access is strictly limited to persons 18 years of age or older.

1. Content
For the purposes of these Terms of Service, “Content” means all audiovisual materials, images, and text made available on the Platform by Registered Users.

2. Adult Content and NSFW content
The Platform is not primarily intended for adult use, but it permits adults-only and NSFW content. It is adult content friendly and does not prohibit the creation or publication of adult-oriented materials, including sexual, erotic, or otherwise explicit AI-generated content, provided it complies with applicable laws and these Terms of Service. Any creation, publication, or access to adult Content on the Platform is strictly limited to users who are 18 years of age or older, and by accessing such content, users confirm that they are at least eighteen (18) years old. If a Registered User creates or clones a livechat containing adults-only content, they are required to clearly label it as NSFW. Failure to do so may result in the livechat being removed or access to it being restricted.

3. Responsibility for Content
Users acknowledge and agree that they bear full and exclusive responsibility for all Content they create using the Platform. This includes all legal consequences, whether criminal, civil, property-related, or otherwise, that may arise from any violation of the rules governing Content, applicable laws, or these Terms of Service. By using the Platform, users confirm that they fully understand the potential consequences of their actions and accept sole liability for any claims, damages, or losses resulting from the Content they generate or share. Users further acknowledge that the Operator is not responsible for monitoring, reviewing, or moderating Content in real time, and that legal accountability for all Content remains entirely with the user at all times.

4. Prohibited Content
Prohibited Content refers to any material that users are explicitly forbidden to create, upload, publish, distribute, share, or otherwise make available, including, but not limited to, the categories specified in Section IV. Users acknowledge and agree that they bear full responsibility for any violation of this provision, and that the Operator may take appropriate action in response, including, without limitation, blocking or permanently deleting the user account and all associated Content, or freezing funds in the account. Users further acknowledge that violations of this provision may expose them to legal action or claims by authorities or third parties, and that the Operator disclaims any liability for such actions taken by governmental bodies, law enforcement, or private rights holders. Section IV defines the types of Prohibited Content and specifies that such Content is subject to removal, restriction, or other enforcement measures by the Operator.

1. Content Depicting Minors
Any Content that depicts, simulates, or otherwise represents persons under the age of eighteen (18) years is strictly prohibited on the Platform. This prohibition applies regardless of the context or nature of the depiction.

2. Deepfakes and Depiction of Real People Without Their Prior Consent
Users are strictly prohibited from creating, uploading, or distributing Content that depicts, simulates, or otherwise represents real-world individuals without the prior written consent of the depicted person. The burden of proof regarding the existence, validity, and scope of such consent rests solely with the user, who must be able to provide the written consent to the Operator at any time upon request. Any Content involving real persons without valid written consent is strictly forbidden.

3. Content Depicting Animals in Sexual Contexts
Any Content that depicts, simulates, or otherwise represents animals in sexual, erotic, or otherwise explicit contexts (“animal pornography”) is strictly prohibited on the Platform.

4. Promotion of Real-World Harmful Action
Users are expressly prohibited from creating, uploading, or distributing Content that directly encourages, promotes, glorifies, or instructs real-world acts of violence, self-harm, or suicide. This includes any material that attempts to induce users or third parties to commit harmful or illegal acts in reality.

5. Promotion of Real-World Discrimination or Hate
Users are expressly prohibited from creating, uploading, or distributing Content that directly encourages, promotes, glorifies, or instructs real-world discrimination, hatred, or violence against individuals or groups based on race, ethnicity, nationality, religion, gender, sexual orientation, or any other protected characteristic. This includes, without limitation, content that attempts to incite hate, promote extremist ideologies such as Nazism, or target LGBTQ+ individuals or other minority groups for harm in reality.

6. Promotion of Real-World Criminal Activity and Terrorism
Users are expressly prohibited from creating, uploading, or distributing Content that directly encourages, promotes, glorifies, or instructs real-world criminal activity, including but not limited to terrorism, drug trafficking, illegal drug use, or the possession and use of firearms or other weapons. This includes content that attempts to incite, instruct, or facilitate such actions in reality.

7. Intellectual Property and Copyright Infringement
Users are expressly prohibited from creating, uploading, or distributing Content that violates the intellectual property rights of third parties, including but not limited to copyrighted works, trademarks, patents, or other protected materials. This includes, without limitation, the unauthorized use, reproduction, distribution, or adaptation of content owned by others. Users remain fully responsible for ensuring that any content they create or share complies with applicable intellectual property laws.

8. Illegal Content
Users are expressly prohibited from creating, uploading, or distributing Content that is illegal under applicable laws of the European Union, the United States of America, or any other jurisdiction that may reasonably apply to the use of the Platform. This includes any content that constitutes or facilitates unlawful conduct, even if such content is not explicitly listed elsewhere in these Terms of Service.

9.
Users are expressly prohibited from creating, uploading, distributing, sharing, or otherwise making available any Content listed in Sections IV/1–8. Violations of this provision are taken extremely seriously, and users remain fully liable for all criminal, civil, and other legal consequences arising from the creation or dissemination of such Content. The Operator may take immediate enforcement actions, including permanent deletion of the user account and all associated Content, freezing or blocking account funds, and users acknowledge that violations may also result in legal action by authorities or claims from third parties.

1. Eligibility
By accessing or using the Platform, the user expressly acknowledges that their participation is entirely voluntary and assumes full responsibility for their actions while using the Platform. The user further acknowledges that the Platform may contain material intended for adults only, and access to such content is strictly limited to users who are 18 years of age or older. Before accessing adult content, users are notified via an age verification prompt (“age gate”) and must affirmatively confirm that they are at least 18 years old. By doing so, the user represents and warrants that such content does not offend, disturb, or otherwise negatively affect them. Users who do not meet these requirements are strictly prohibited from accessing or using the Platform in any manner.

2. Registration Process
To register for a User Account, a person must provide a valid email address and create a password. Registration requires only these credentials and is otherwise free of charge.

3. Account Credentials
Users are fully responsible for maintaining the accuracy of the email address provided during registration and for ensuring continuous access to that email account. The email address is the primary method for account verification, password recovery, and other account-related communications. Users acknowledge and agree that the Operator is not responsible for any loss, compromise, or inability to access a User Account resulting from an incorrect, inactive, or inaccessible email address. Users bear full responsibility for any consequences arising from such loss of access, including the inability to recover the account or associated content. Users are solely responsible for safeguarding their password and any other credentials associated with their User Account and for preventing unauthorized access.

4. Account Security Measures
Users are required to take all reasonable steps to ensure the security and integrity of their User Accounts, including but not limited to choosing strong and unique passwords, changing passwords periodically, logging out of devices after use, and ensuring that no unauthorized person gains access to their account credentials. Operator shall not be held liable for any loss, damage, or unauthorized activity resulting from the user’s failure to implement appropriate security measures or to maintain the confidentiality of their account credentials. Users agree to notify the Operator immediately if they suspect that their account has been compromised, accessed without authorization, or otherwise misused.

5. Account Suspension or Termination
The Operator reserves the right, at its sole discretion and without prior notice, to suspend, restrict, or permanently terminate any User Account if it reasonably determines that the user has violated these Terms of Service, applicable laws, third-party rights, or engaged in conduct that may harm the Platform, other users, or the Operator. Such actions may also be taken in cases of suspected fraudulent activity, security breaches, misuse of the Platform’s features, providing misleading information, failure to complete required verification, or repeated user complaints. In the event of suspension or termination, the user may lose access to their account, content, and any associated funds, to the extent permitted by applicable law. Users whose accounts have been suspended or terminated are strictly prohibited from creating new accounts or attempting to access the Platform through alternative means without the prior written consent of the Operator.

1. General User Rights
Users are entitled to access and use the Platform in accordance with these Terms of Service and applicable laws. Registered Users have the right to access and create Content to the extent permitted by the nature of the service and these Terms of Service. All user rights granted under these Terms are non-exclusive, non-transferable, revocable, and limited solely to the purpose of using the Platform as intended by the Operator. The Operator reserves the right to modify, restrict, or withdraw specific features or functionalities of the Platform at any time, provided that such changes comply with applicable law.

2. General User Obligations
Users are obliged to use the Platform in compliance with these Terms of Service, all applicable laws and regulations of the Czech Republic, the European Union, and the jurisdiction from which they access the Platform. Users shall act in good faith, refrain from any conduct that may interfere with the proper operation, security, or integrity of the Platform, and shall not engage in any activity that could harm the Operator, other users, or third parties. Users are required to respect the rights and legitimate interests of other users and third parties, including intellectual property rights, personality rights, and privacy rights. Any use of the Platform that exceeds its intended purpose, circumvents technical or contractual limitations, or otherwise constitutes abuse of the Platform is strictly prohibited. Users acknowledge that compliance with these obligations is a fundamental condition for continued access to and use of the Platform.

3. Content Compliance and Responsibility
Users bear full and exclusive responsibility for all content they create, upload, publish, share, or otherwise make available through the Platform. Users represent and warrant that all such content does not depict or reproduce real persons without their written consent, real-world events, or protected works in a way that would infringe the rights of any third party. Users further warrant that they possess all necessary rights, licenses, consents, and legal authority to upload and distribute their content through the Platform, and that such content complies with these Terms of Service and all applicable laws and regulations. The Operator does not review, endorse, or assume responsibility for User-Generated Content and acts solely as a technical intermediary. Users acknowledge and agree that they are solely liable for any claims, damages, losses, or legal consequences arising from or in connection with their content, including claims brought by third parties or public authorities, and agree to fully indemnify and hold harmless the Operator from any such claims to the fullest extent permitted by applicable law.

4. Adult Content and NSFW Material
Users acknowledge and expressly agree that the Platform may contain Content intended exclusively for mature audiences, including, but not limited to, sexual, fetish, BDSM, or other highly explicit material. The Operator does not restrict the thematic scope of the Platform to non-adult content and permits the publication of NSFW material. In such cases, access to and creation of adult content is strictly limited to users who are 18 years of age or older, and users must knowingly confirm their age. By doing so, users also confirm that they are not offended, disturbed, or adversely affected by exposure to such material and that they access the Platform voluntarily and at their own discretion. Users are solely responsible for ensuring that any adult or explicit content they upload or interact with complies with applicable laws, does not involve prohibited categories, and is not accessible to persons under the age of eighteen (18). The Operator shall not be liable for any discomfort, distress, or harm allegedly arising from exposure to adult or NSFW content made available on the Platform.

5. Reporting and Cooperation
Users acknowledge that the Platform may provide mechanisms for reporting content, conduct, or activities that are suspected to violate these Terms of Service or applicable laws. Users agree to use such reporting mechanisms in good faith and not to abuse them for harassment, false reporting, or competitive purposes. Users further agree to cooperate with the Operator in any investigation relating to alleged violations, including by providing relevant information or clarification upon reasonable request. The Operator reserves the right, but not the obligation, to review, restrict, temporarily disable, or remove reported content or accounts while an investigation is ongoing. Users acknowledge that the Operator acts as a technical intermediary and shall not be liable for decisions taken in good faith in connection with the reporting, review, or moderation of content or user activity.

6. Indemnification
Users are solely responsible for all actions and Content associated with their User Account and agree to fully indemnify, defend, and hold harmless the Operator, its affiliates, officers, employees, agents, and representatives from any and all claims, demands, liabilities, losses, damages, costs, or expenses, including reasonable attorneys’ fees, arising directly or indirectly from their use of the Platform. This includes, without limitation, claims related to Content uploaded, published, or shared by the user, any violation of these Terms of Service or applicable laws, any infringement of third-party rights such as intellectual property, personality, or privacy rights, disputes with other users or third parties, or any misuse of Platform features. Users acknowledge that this obligation to indemnify the Operator applies regardless of whether the Operator is directly involved and survives the suspension, termination, or deletion of their account.

1. Platform Operation and Maintenance
The Operator reserves the right to operate, maintain, manage, and update the Platform at its sole discretion, including but not limited to modifying, adding, removing, or restricting features, functionalities, design, structure, or technical limitations, as well as adjusting pricing, account limits, and usage policies. The Operator undertakes to provide the Platform in a secure and functional manner, using reasonable technical and organizational measures to ensure its availability, stability, and integrity. Users acknowledge that the Operator may temporarily suspend or restrict access to the Platform for maintenance, upgrades, or technical improvements, and that such actions do not constitute a breach of these Terms of Service. The Operator shall not be liable for any direct or indirect damages arising from such modifications, maintenance, or temporary unavailability of the Platform, provided that such measures are carried out in good faith and with reasonable care.

2. Content Moderation and Removal
The Operator reserves the right, at its sole discretion, to monitor, review, moderate, restrict, temporarily disable, or remove any Content uploaded, published, or shared on the Platform if it is determined to violate these Terms of Service, applicable laws, or third-party rights, or if it is deemed harmful, abusive, fraudulent, or otherwise inappropriate. The Operator also reserves the right to suspend, restrict, or terminate User Accounts in connection with such content violations. Users acknowledge that the Operator does not guarantee continuous monitoring of all content and that any moderation decisions are made at the Operator’s discretion, in good faith, without assuming liability. Users further agree that the Operator may take such actions proactively or in response to reports or complaints from other users or third parties, and that these actions do not constitute an admission of liability or endorsement.

3. Third-Party Services and AI Tools
The Operator may provide access to third-party services and tools, including but not limited to AI-powered content generation, payment processing, and analytics services, which are integrated into the Platform for the convenience of users. Users acknowledge that these third-party services are subject to their own terms of use, privacy policies, and applicable fees, and agree to comply with all such requirements when using them. The Operator acts solely as an intermediary providing access to these services and does not control, own, or guarantee the availability, functionality, or quality of any third-party services. Users further acknowledge that the Operator shall not be liable for any errors, interruptions, malfunctions, or other issues arising from the use of third-party services, nor for any disputes, claims, or losses resulting from interactions with such services. Users are responsible for reviewing and accepting the terms of any third-party service they use and for any consequences of their engagement with these services.

4. Data Management and Privacy
The Operator collects, processes, stores, and manages personal and non-personal data of users in accordance with applicable data protection laws, including the General Data Protection Regulation (GDPR) and relevant Czech legislation. Users acknowledge and agree that the Operator may use such data for the purposes of operating, maintaining, and improving the Platform, providing services, enabling user interactions, analyzing usage patterns, and complying with legal obligations. The Operator implements reasonable technical and organizational measures to protect user data against unauthorized access, loss, misuse, alteration, or disclosure. Users are responsible for the accuracy and completeness of any data they provide to the Platform, including registration and payment information, and acknowledge that the Operator is not liable for any consequences resulting from inaccurate or incomplete information. The Operator’s collection and processing of user data are further detailed in the Platform’s Privacy Policy, which users are deemed to have read, understood, and agreed to by using the Platform.

5. Legal Compliance
The Operator undertakes to operate the Platform in compliance with applicable laws and regulations of the Czech Republic and the European Union. Users acknowledge and agree that they are solely responsible for ensuring that their access to and use of the Platform complies with the laws of the jurisdiction from which they access the Platform. The Operator may, at its discretion, take any actions necessary to meet legal obligations, including cooperating with public authorities, responding to lawful requests or investigations, and requesting information or verification from users. Users further acknowledge that any obligations imposed on them by local laws, outside the Czech Republic and the European Union, remain their sole responsibility.

1. Ownership of Platform
All intellectual property rights, including but not limited to copyrights, trademarks, trade secrets, patents, software, code, design, graphics, text, logos, and other materials or content forming part of the Platform, are and shall remain the exclusive property of the Operator or its licensors. Users are granted no ownership rights, title, or interest in the Platform itself. Users are expressly prohibited from copying, reproducing, modifying, decompiling, reverse engineering, distributing, sublicensing, or otherwise exploiting any part of the Platform for commercial or non-authorized purposes. Any unauthorized use of the Platform’s intellectual property may result in suspension or termination of User Accounts and may expose the infringing user to civil or criminal liability under applicable law.

2. User-Generated Content
All intellectual property rights in content created, uploaded, published, or shared by users on the Platform remain the sole property of the user who created or owns such content. By uploading or publishing content to the Platform, users grant the Operator a perpetual, irrevocable, worldwide, non-exclusive, royalty-free license to use, reproduce, display, distribute, modify, adapt, and otherwise exploit such content for any purpose related to the operation, promotion, improvement, or marketing of the Platform, including facilitating interactions with other users, creating derivative works, and providing analytics or recommendation services. This license survives the removal or deletion of content from the Platform. Users warrant that they have all necessary rights, permissions, and consents to grant this license and that the content does not infringe the rights of any third party.

3. Prohibited Use of Intellectual Property
Users are expressly prohibited from using any intellectual property of the Operator or other users in any manner that is not expressly authorized by these Terms of Service. This includes, without limitation, copying, reproducing, distributing, sublicensing, selling, modifying, creating derivative works from, reverse engineering, decompiling, or publicly displaying any part of the Platform or content belonging to other users, except as expressly permitted for normal use of the Platform. Users may not use the Platform or any content in a way that infringes, misappropriates, or violates the intellectual property rights, privacy rights, or other legal rights of the Operator or any third party. Any unauthorized use of intellectual property may result in the suspension or termination of the User Account and may expose the user to civil or criminal liability under applicable law.

4. Reporting IP Violations
Users may report any suspected infringement of intellectual property rights, including copyrights, trademarks, or other protected works, by submitting a notice to the Operator. Reports must be made in good faith and contain sufficient information to allow the Operator to assess and investigate the claim. Users agree to cooperate fully with the Operator during any investigation of reported intellectual property violations, including providing additional documentation or clarification if requested. The Operator reserves the right to take any action it deems necessary to address such reports, including removing or disabling access to infringing content, suspending or terminating accounts, or referring the matter to appropriate authorities. Users acknowledge that the Operator does not assume liability for the accuracy or outcome of reported claims and acts solely as a facilitator for resolving intellectual property disputes.

1. General Disclaimer
The Platform is provided on an “as is” and “as available” basis. The Operator makes no representations or warranties of any kind, express or implied, regarding the availability, functionality, reliability, quality, or suitability of the Platform or its services. Users acknowledge that access to and use of the Platform is at their own risk and that the Operator does not guarantee uninterrupted or error-free operation, security, or compatibility with any device, software, or system. The Operator disclaims any responsibility for any direct or indirect consequences arising from the use or inability to use the Platform, including but not limited to lost data, service interruptions, technical malfunctions, or any reliance on content provided by the Platform or its users.

2. Limitation of Liability
To the maximum extent permitted by applicable law, the Operator shall not be liable for any direct, indirect, incidental, consequential, special, exemplary, or punitive damages, or any loss of profits, revenue, data, or goodwill, arising out of or in connection with the access to, use of, or inability to use the Platform, User-Generated Content, third-party services, or any interactions between users. This limitation of liability applies regardless of the cause of action, whether in contract, tort, strict liability, or otherwise, and includes, without limitation, any damages resulting from: (i) errors, omissions, interruptions, delays, or technical failures; (ii) content uploaded or shared by other users; (iii) use of integrated third-party services, including AI tools and payment providers; (iv) adult, erotic, or NSFW content; and (v) any reliance on content, communications, or recommendations on the Platform. Users acknowledge that the Operator provides the Platform as a passive intermediary and that all activities and interactions conducted by users are solely at the users’ own risk.

3. User Responsibility
Users acknowledge and agree that they are solely responsible for all activities conducted through their User Account . including the creation, upload, publication, sharing of Content. Users are responsible for ensuring that their content and activities comply with these Terms of Service, applicable laws, and third-party rights, including intellectual property, privacy, and publicity rights. Users further acknowledge that they bear full responsibility for the consequences of engaging with adult, erotic, or NSFW content and for any transactions, communications, or agreements entered into through the Platform. The Operator shall not be held liable for any loss, damage, or disputes arising from user actions, content, or interactions, and users agree to indemnify and hold the Operator harmless from any claims, liabilities, or expenses resulting from their conduct on the Platform.

4. No Endorsement or Guarantee
The Operator does not review, endorse, verify, or guarantee the accuracy, completeness, reliability, quality, or suitability of any Content on the Platform. Users acknowledge that any reliance on Content is at their own risk. Nothing in these Terms of Service shall be construed as an endorsement or approval by the Operator of any content, user, or activity on the Platform.

5. Technical Limitations and Errors
Users acknowledge and agree that the Platform may experience temporary interruptions, delays, technical failures, bugs, or errors, including issues arising from server problems, network outages, software glitches, or third-party service malfunctions. The Operator shall not be liable for any loss, damage, or inconvenience resulting from such technical limitations or errors, including, without limitation, loss of content, loss of access, interrupted transactions, or degraded functionality. Users further acknowledge that the Operator does not guarantee uninterrupted availability, continuous operation, or error-free performance of the Platform, and any reliance on the Platform is at the users’ own risk.

6. Adult and NSFW Content Risk
Users acknowledge and agree that the Platform may contain material intended for adults only, including sexually explicit, erotic, or otherwise highly explicit content. Access to and use of such content is at the sole risk of the user. The Operator does not endorse, review, or guarantee the nature, accuracy, or suitability of adult or NSFW content, and shall not be held liable for any offense, emotional distress, or other consequences resulting from exposure to such content. Users affirm that they voluntarily choose to access the Platform and are solely responsible for managing their exposure to adult material in accordance with their personal discretion and applicable laws.