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Caramels

Terms of Service

Effective Date: May 24, 2026

These Terms of Service ('Terms') form a binding agreement between you and Caramel Social ('Caramel Social', 'we', 'us', or 'our') and govern your access to and use of caramel.social, our mobile and web applications, AI companions, and any related features or services (collectively, the 'Service'). Please read these Terms carefully. By creating an account, accessing the demo, or using the Service in any way, you agree to be bound by these Terms and by our Privacy Policy.

1. Acceptance of Terms

By accessing or using the Service, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to any part of these Terms, you must not access or use the Service. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization, in which case "you" refers to that organization.

2. Eligibility and Age Requirement

The Service is intended for adults only. You must be at least eighteen (18) years old, or the age of majority in your jurisdiction, whichever is greater, to create an account or use any part of the Service. By accessing the Service, you represent and warrant that:

  • You are at least 18 years of age (or the age of majority in your jurisdiction).
  • You have the legal capacity to enter into a binding contract.
  • You are not located in a jurisdiction where use of the Service is prohibited.
  • You have not previously been suspended or removed from the Service.
  • All information you submit to us is accurate, current, and complete.

Caramel Social is not directed to children under the age of 18, and we do not knowingly collect personal information from children. If we learn that we have collected information from a person under 18, we will promptly delete it and terminate the account.

3. Description of the Service

Caramel Social is an AI companion chat platform that lets you interact with AI-driven characters through natural text and other supported modalities. The Service includes:

  • Pre-designed AI companions with distinct personalities, tones, and backgrounds.
  • A persona creation tool that lets you build custom characters and adjust their personality, tone, communication style, and boundaries.
  • A persistent memory system that stores facts, preferences, and conversational context to deliver a continuous, personalized experience within a given conversation.
  • Optional features available on certain plans, including image generation, voice calls, and higher usage allowances.
  • A demo experience with limited messages for unauthenticated visitors.

The Service is provided on an evolving basis. We may add, modify, suspend, or remove features at any time without prior notice. AI companions are fictional. Any resemblance to real persons, living or dead, is coincidental.

4. Accounts and Security

To access most features you must create an account using a valid email address and password, or by signing in through a supported third-party identity provider (such as Google). You are responsible for:

  • Providing accurate and complete registration information.
  • Keeping your credentials confidential and not sharing your account with others.
  • All activity that occurs under your account, whether or not authorized.
  • Promptly notifying us at [email protected] of any actual or suspected unauthorized use.

We reserve the right to refuse registration, reclaim usernames, suspend accounts, or terminate accounts at our discretion, including in response to suspected fraud, abuse, or violations of these Terms.

5. Subscriptions, Billing, and Payments

Certain features of the Service require a paid subscription. We currently offer a Free tier with limited usage and paid plans (such as Standard, Pro, and Max) with expanded usage, additional features, and higher rate limits. Pricing, plan inclusions, and usage limits are described on our pricing page and may be updated from time to time.

Payments are processed by our third-party payment processor, Stripe. By providing payment information, you authorize us and Stripe to charge the applicable fees, taxes, and any other charges to your selected payment method. You agree to keep your payment information current.

  • Auto-renewal: Subscriptions automatically renew at the end of each billing period (monthly or annually) at the then-current rate, unless cancelled before renewal.
  • Cancellation: You may cancel your subscription at any time through your account settings or the Stripe customer portal. Cancellation takes effect at the end of the current billing period; you retain access to paid features until then.
  • Price changes: We may change prices for subscriptions. We will provide reasonable advance notice and the change will apply to the next renewal.
  • Failed payments: If a payment fails, we may suspend or downgrade your subscription. You remain responsible for any unpaid amounts.
  • Taxes: Prices may exclude applicable sales, use, value-added, or similar taxes, which will be added where required by law.

6. Refund Policy

Except where required by applicable law, all payments are final and non-refundable. Because the Service provides immediate access to digital content and AI compute, we do not offer refunds for partially used billing periods, unused messages, unused image or voice allowances, or for accounts that are cancelled, suspended, or terminated for violation of these Terms. If you believe you have been charged in error, please contact us at [email protected] within thirty (30) days of the charge.

7. User Content and License Grant

"User Content" means anything you submit to or generate through the Service, including messages you send, custom personas you create (names, prompts, descriptions, tones, boundaries, and uploaded images), feedback, and other materials. You retain ownership of your User Content.

By submitting User Content, you grant Caramel Social a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to host, store, reproduce, modify, create derivative works from, transmit, and process your User Content solely as needed to:

  • Operate, provide, secure, and improve the Service (including generating AI responses, building memory, and personalizing your experience).
  • Send your inputs to third-party AI providers and infrastructure providers necessary to deliver the Service.
  • Comply with legal obligations and enforce these Terms.
  • Produce de-identified, aggregated, or anonymized statistics for analytics, debugging, and quality improvement.

You represent and warrant that you own or have all necessary rights to the User Content you submit, and that the User Content does not infringe or violate the rights of any third party or any law.

8. AI-Generated Output

The Service uses large language models and other generative AI systems to produce text, images, voice, and other output ("Output"). To the maximum extent permitted by applicable law and the relevant model providers, Caramel Social assigns to you any rights we may hold in Output generated in response to your inputs, subject to these Terms. You are responsible for any use you make of Output. You acknowledge that:

  • Output is generated probabilistically and may be inaccurate, incomplete, biased, offensive, or otherwise objectionable.
  • Output should not be relied upon as factual, professional, medical, legal, financial, or psychological advice.
  • Identical or similar Output may be generated for other users; you do not receive exclusive rights in Output.
  • AI companions are fictional characters. Statements they make about themselves, their feelings, or events are simulations, not facts.
  • You should independently verify any information from the Service before acting on it.

9. Acceptable Use

You agree to use the Service in compliance with all applicable laws and these Terms. You agree that you will not, and will not attempt to, do any of the following:

  • Use the Service to generate, request, solicit, share, or store any content that sexualizes, exploits, or endangers minors, including child sexual abuse material (CSAM) or any depiction or roleplay of a minor in a sexual or romantic context.
  • Use the Service to depict real, identifiable persons in a sexual, defamatory, harassing, or harmful manner without their verifiable consent.
  • Use the Service to generate content that incites violence, terrorism, self-harm, or illegal activity, or that promotes hate or harassment based on protected characteristics.
  • Use the Service to create, train, or improve any other generative AI system, or to otherwise use Outputs to compete with us.
  • Reverse engineer, decompile, scrape, crawl, or attempt to extract source code, model weights, embeddings, or training data from the Service.
  • Bypass, disable, or interfere with rate limits, content filters, safety systems, paywalls, authentication, or other security or access controls.
  • Use bots, automated scripts, or other automated means to access the Service except through expressly permitted APIs.
  • Resell, sublicense, rent, or otherwise commercialize access to the Service without our prior written consent.
  • Impersonate any person or misrepresent your affiliation with any person or entity, including by using deceptive payment information.
  • Upload viruses, malware, or other malicious code, or attempt to gain unauthorized access to the Service or to other users’ accounts.
  • Use the Service in any way that infringes intellectual property, privacy, publicity, or other rights of any third party.

We may use automated systems and human review to detect and respond to violations. We may remove content, restrict accounts, refuse service, or report illegal activity to law enforcement at our discretion.

10. Mature and Romantic Content

The Service supports relationship-style and romantic interactions with AI companions when chosen by the user. By using the Service, you acknowledge that some companions and personas may exhibit flirtatious, suggestive, or mature themes. You agree that:

  • You are an adult and have voluntarily chosen to engage in such interactions.
  • Companions are fictional AI characters, not real persons, and depict adults aged 18 or older.
  • You will not direct any companion to roleplay as a minor or to depict illegal acts.
  • You will not use Output to harass, defame, or harm any real person.
  • You may adjust personality, tone, and boundary settings at any time and you will not present such settings as binding professional or psychological guidance.

We may apply safety filters and may decline to generate certain content. We may further restrict mature content in jurisdictions where such content is regulated or prohibited.

11. Intellectual Property

The Service, including its software, design, branding, default personas, system prompts, documentation, and all related intellectual property, is owned by Caramel Social or its licensors and is protected by copyright, trademark, and other laws. Subject to your compliance with these Terms, we grant you a personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your own personal, non-commercial use. No other rights are granted by implication, estoppel, or otherwise. "Caramel Social," the Caramel logo, and other related marks are trademarks of Caramel Social.

12. Feedback

If you submit ideas, suggestions, or feedback about the Service, you grant Caramel Social a perpetual, irrevocable, worldwide, royalty-free, sublicensable license to use, modify, and incorporate such feedback for any purpose, without compensation or attribution to you.

13. Third-Party Services

The Service relies on third-party providers, including but not limited to Stripe (payments), OpenAI and other model providers (AI inference and embeddings), authentication providers (such as Google), cloud infrastructure providers, analytics tools, and marketing attribution partners. Your use of those third-party services is governed by their own terms and privacy policies. We are not responsible for the practices of third parties, and references in the Service to third parties are not endorsements.

14. Privacy

Our collection and use of personal information in connection with the Service is described in our Privacy Policy, which is incorporated into these Terms by reference. Please review it carefully.

15. DMCA and Copyright Complaints

We respect intellectual property rights and respond to clear notices of alleged copyright infringement under the U.S. Digital Millennium Copyright Act (DMCA) and similar laws. If you believe content on the Service infringes your copyright, please send a written notice to [email protected] including: (i) a physical or electronic signature of the rights holder or authorized agent; (ii) identification of the copyrighted work; (iii) identification of the allegedly infringing material with sufficient detail to locate it; (iv) your contact information; (v) a statement that you have a good-faith belief that the use is not authorized; and (vi) a statement, under penalty of perjury, that the information is accurate and that you are authorized to act. We may terminate accounts of repeat infringers.

16. Suspension and Termination

You may stop using the Service at any time and may delete your account from your account settings. We may suspend or terminate your access to the Service at any time, with or without notice, including if we reasonably believe you have violated these Terms, you present a risk to us, the Service, or others, or your use is otherwise harmful, fraudulent, or illegal. Upon termination:

  • Your right to access the Service ends immediately.
  • We may delete your account, conversations, memories, and other User Content, although some information may persist in backups for a limited time.
  • Sections of these Terms that by their nature should survive termination will survive (including ownership, disclaimers, limitations of liability, indemnification, and dispute resolution).

17. Disclaimers

THE SERVICE, INCLUDING ALL OUTPUT, IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CARAMEL SOCIAL DISCLAIMS ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT OUTPUT WILL BE ACCURATE, APPROPRIATE, OR MEET YOUR EXPECTATIONS. THE SERVICE IS NOT A SUBSTITUTE FOR PROFESSIONAL MENTAL-HEALTH, MEDICAL, LEGAL, OR FINANCIAL ADVICE. IF YOU ARE IN CRISIS OR EXPERIENCING THOUGHTS OF SELF-HARM, CONTACT A QUALIFIED PROFESSIONAL OR EMERGENCY SERVICES IMMEDIATELY.

18. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL CARAMEL SOCIAL, ITS AFFILIATES, OR ITS LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, USE, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE, ANY OUTPUT, OR THESE TERMS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100). THE LIMITATIONS IN THIS SECTION APPLY TO ALL CAUSES OF ACTION, WHETHER BASED IN CONTRACT, TORT, STATUTE, OR OTHERWISE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

19. Indemnification

You agree to defend, indemnify, and hold harmless Caramel Social, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with your use of the Service, your User Content, your use of Output, or your violation of these Terms or any law or third-party right.

20. Governing Law and Jurisdiction

These Terms are governed by the laws of the State of Delaware, USA, without regard to conflict-of-laws principles. Subject to the dispute resolution section below, you and Caramel Social agree to submit to the exclusive jurisdiction of the state and federal courts located in Delaware for any disputes not subject to arbitration.

21. Dispute Resolution and Arbitration

Please read this section carefully. It affects your legal rights, including your right to file a lawsuit in court.

You and Caramel Social agree to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Service through binding individual arbitration administered by a recognized arbitration provider, rather than in court, except that you or we may assert claims in small-claims court if they qualify. The arbitration will be conducted in the English language and on an individual basis only.

Class action waiver: You and Caramel Social agree that any dispute will be brought only in an individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. If this waiver is found unenforceable, the unenforceable portion will be severed and the remaining arbitration agreement will continue to apply.

You may opt out of this arbitration agreement by sending written notice to [email protected] within thirty (30) days of first accepting these Terms.

22. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will provide reasonable notice (for example, by posting on the Service or sending an email). Your continued use of the Service after the changes take effect constitutes acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Service.

23. Miscellaneous

  • Entire agreement: These Terms, together with our Privacy Policy and any other policies referenced here, constitute the entire agreement between you and Caramel Social regarding the Service.
  • Severability: If any provision is found unenforceable, the remaining provisions will remain in full force and effect.
  • No waiver: Our failure to enforce any right or provision is not a waiver of that right or provision.
  • Assignment: You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
  • Force majeure: We are not liable for any failure or delay caused by events beyond our reasonable control.
  • Notices: We may give notices by email, through the Service, or by posting on caramel.social. Notices to us must be sent to [email protected].
  • No agency: Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship.

24. Contact Us

If you have questions about these Terms, please contact us at: