Terms of Service

Effective Date: 9 April 2026

Introduction

Terms of Service Last updated: 9 April 2026 Greetings from Spicestars.ai (the “APP”). Spicestars.ai is a website owned and operated Omnipink Ltd. , a duly incorporated entity in Cyprus, with its registered office at John Kennedy, 8 IRIS HOUSE, 3rd floor 3106, Limassol, Cyprus, registered under the number HE 491125 with the Cyprus Registrar of Companies (hereinafter referred to as "Spicestars", we", "our" or "us").

The present Terms of Service (hereinafter “Terms of Use” or “TOS”) together with the AI Terms, Privacy Policy, Cookie Policy, Non-Consensual Content Policy, CSAM Policy, Blocked Content Policy, Content Removal Policy, Complaint Policy and Underage Policy that are applicable to your use of the APP are incorporated by reference into this Agreement (hereinafter collectively referred to as the “Policies”) and any other important documents on the Website, shall apply to all users of, and visitors to the website www.

Spicestars.ai and apply to all of the services offered by the Group Company. This page informs you about the TOS on which you may make use of the website www. Spicestars.ai (hereinafter the “Website” or “Site” or “APP”), whether as a visitor, a registered user (hereinafter “User”, “you” or “Customer”), whereby each of us will be referred to as a “Party” and together referred to as the “Parties”.

Please read carefully the TOS, together with the Policies and any other important documents and notices on the APP and make sure that you understand them before you proceed to use our APP. By accessing and/or utilizing the APP, you confirm your consent to abide by these TOS.

It is understood and agreed that your access and/or use of the APP signify acceptance of our TOS and all other Terms and Policies visible at https:// Spicestars.ai Should you disagree with our TOS or any other Policies, kindly please discontinue using our APP and abstain from accessing any segment of our Services. Should you wish to terminate these TOS, you may do so at any time by deleting your account and refraining from further use of the APP. The APP is designed for personal, non-commercial use exclusively.

You undertake not to deploy the APP for any illicit or unauthorized purposes. AGREED TERMS

1. Definitions and Interpretations

1.1 The following definitions and rules of interpretation in this clause apply to the Terms of Use. AI Companion: a virtual/fictional person, artificially generated via the AI algorithms of the APP. Business Day: a day (other than a Saturday or Sunday) on which banks are open for business in Nicosia (other than solely for trading and settlement in Euro).

Content: all materials/works including text, information, data, images, photos, drawings, typographical arrangements, audio or video material in any medium or form created/ produced/generated by the APP via artificial intelligence (“AI”) algorithms.

Group Company: each party and any undertaking which is, on or after the effective date of these Terms of Use from time to time, a subsidiary undertaking of us, a parent undertaking of us, a subsidiary undertaking of a parent undertaking of us or a subsidiary undertaking of a subsidiary undertaking of us, or a subsidiary or parent undertaking of any of them.

Intellectual Property Rights: patents, rights to inventions, copyright and related rights, trademarks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, rights in computer software, database rights, rights to use and protect preserve the confidentiality of, confidential information (including know how), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.

Interaction: including, but not limited to, responding to paid text, text messages, audio, voice notes and private chats between Users and AI Companions via our Site. Personal Information: any information relating to a User including, but not limited to, the individual's name, gender, date of birth, age, sexual preferences, mailing address, telephone number, email address, personal password and payment details.

Related Website: any other website than our Site that is operated by us or by any Group Company or a company which has a business relationship with us and/or a Group Company. Tokens: the currency necessary for and used by you in order to purchase Content and/or to participate in Interaction. User: our customer for, and the ultimate user of, the Content/Interaction. User Account: an account registered by the User at our Site. 1.2 A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).

1.3 A reference to a company includes any company, corporation, or other body corporate, wherever and however incorporated or established. 1.4 Unless the context otherwise requires, words in the singular shall include the plural and vice versa. 1.5 Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders. 1.6 A reference to any party includes that party's personal representatives, successors or permitted assigns.

1.7 A reference to a statute, statutory provision or subordinate legislation is a reference to it as it is in force, taking account of any amendment or re-enactment and includes any statute, statutory provision or subordinate legislation which it amends or re-enacts. 1.8 References to clauses and schedules are to the clauses and schedules of these Terms of Use, if not stated otherwise. 1.9 Any obligation in this agreement not to do something includes an undertaking not to allow that thing to be done.

2. General

Spicestars.ai is an online application leveraging artificial intelligence ("AI") algorithms. Please read our AI Terms. The AI algorithms are used to create virtual and fictional AI characters (the "AI Companions"). The APP generates messages, facilitating conversations with the AI Companions. Additionally, the APP can produce various media, including but not limited to, images, videos, audio and voice notes (the "Services"). Certain Services may necessitate the creation of a User Account. To begin, you can either choose a readily available AI Companion for conversation or generate your unique AI Companion (incorporating physical and personality traits) using our algorithms. Subsequently, engage in a conversation with your selected AI Companion(s). Access to the APP is intended solely for people who wish to access visual images, audio sounds, and verbal descriptions of a sexually oriented and frankly erotic nature. The Content and Interaction available on our APP may include depictions that are visually graphic in nature and portrayals of nudity or sexual acts and should not be accessed by anyone who is not yet at least eighteen (18) years of age, eighteen (18) years or older in any other location which eighteen (18) is not the minimum age of majority in the applicable jurisdiction, who finds such material offensive in nature, or anyone who simply does not wish to be exposed to such materials. 2.1 User Account Access and use to the APP is restricted to adults. You must be at least eighteen (18) years of age, or older in any other location in which eighteen (18) is not the minimum age of majority in the applicable jurisdiction to access, visit, and/or use the APP. Please read our Underage Policy. Specific Services provided by the APP may require the establishment of a User Account utilizing an email and password. When accessing these Services, you commit to using only your registered email address and password. Registration can be completed using your email address. You can also register a User Account through your account with certain third-party social networking services, such as Google or Discord ("SNS Account"). You have the ability to disable the connection between your User Account and your SNS Account at any time via the settings of your SNS Account that you used to register a User Account. In order to register a User Account, you must at least eighteen (18) years of age, eighteen (18) years of age or older in any other location which eighteen (18) is not the minimum age of majority in the applicable jurisdiction. We reserve the right to request proper and satisfactory documents to verify your age and/or identity. We shall immediately and may, without prior notice, suspend and/or terminate your User Account where it appears or is brought to our attention that the APP is or has been used by anyone under eighteen (18) years of age, or older in any location in which eighteen (18) is not the minimum age of majority in the applicable jurisdiction. By creating a User Account, you affirm that all information provided is accurate, and you possess full rights to submit such information. You may not register more than one (1) User Account unless we authorize you to do so. You may not assign or otherwise transfer your User Account to another party. It is agreed that you shall periodically update any User Account information (including but not limited to email, payment details, subscriptions, or supplementary information) to ensure its accuracy. Safeguard the confidentiality of your User Account, refrain from sharing access, and avoid disclosing your password to any third party. You must immediately notify us if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your User Account. You acknowledge full responsibility for all activities occurring under your User Account. The User Account is non-transferable, and you cannot sell, lend, or share it with any other individual, whether for commercial purposes or without charge. Violation of these TOS, including failure to maintain updated and accurate User Account information, may result in your User Account falling out of good standing, and we reserve the right to cancel your User Account at our discretion, and/or take any additional action we consider appropriate thereto. Simultaneously, we retain the right to terminate or restrict your User Account, or revoke your access to the APP or Services offered by us, at our sole discretion, due to violations of the TOS and/or any other Terms or Policies visible at https:// Spicestars.ai. You agree that we bear no liability to you or any third party for, among other things, denial of APP use, changes in costs for third-party Services, fees, or suspension/termination of your User Account. 2.2 Subscription 2.2.1. We maintain the right, at our discretion, to offer certain Services exclusively to paid Users / subscribers. The subscription commences post the initial payment, and payment is to be made according to the fee terms displayed on our Site at the time of purchase. You are responsible for all fees, charges, and taxes (if legally required) related to the transaction. 2.2.2. Note that if you subscribed to Services from an unrecognized third-party distribution platform, we assume no responsibility for associated costs or liabilities resulting from such action. 2.2.3. In order to purchase certain Content or to participate in certain Interaction, you may need to buy Tokens. Value-Added Tax (VAT), Sales Tax or other excise tax may be included in, or added to, your purchase depending on your country, state, territory, city, or on other applicable local regulations. Tax rates may vary accordingly. 2.2.4. For every piece of Content you access, or for the time you are participating in Interaction, we charge you with a specific amount of Tokens. You will always be informed about the respective amount you will be charged with before accessing the Content/ participating in Interaction. For messages, when you reach the free 5-message limit, you will be directed to the payment page where you can select either the monthly or annual subscription plan of the APP. If you would like to purchase a monthly or annual subscription in the APP or If you have spent all of your Tokens, you can purchase or reload your User Account with an amount of Tokens by using one of the following payment methods (please note that some of the payment methods might not be available to Users in certain countries): (a) Credit card (b) Via different mobile payment solutions, or other services available at the APP, such as cryptocurrency Post-payment, you gain unlimited access to the APP’s messaging system and receive the Tokens dedicated towards your selected monthly plan for extended features like image generation or audio or voice notes. 2.2.5. With regard to clause 2.2.3 - 2.2.4., you hereby authorize Spicestars to charge you for all purchases of Tokens via the chosen payment method. 2.2.6. Any non-payment of due payments, resulting solely from your actions, automatically result in a default of payment status (without the necessity of a reminder); additional fees for the chargeback transactions must be borne by the User. Costs incurred due to non payment of due payments or due to a reversing entry of a direct debit shall be borne by you if Spicestars has not been responsible for the non-payment or the reversing entry of the direct debit. Transactions which are not redeemed result in an administration fee of €30.00 per transaction to cover handling charges. Chargeback transactions result in a fee per transaction as follows:

Minimum amount of €10.00 or more, depending on the amount charged by the respective bank for electronic direct debiting;

Minimum amount of €25.00 or more for credit card payments depending on the fee charged by the respective credit card company/processor. 2.2.7. You are responsible for any charges for exceeding your account limits or overdrawing your account, imposed by your credit card issuing bank or by the bank where you are holding your bank account. In addition, the affected User Account will be temporarily suspended until the outstanding payment has been received. 2.2.8. Depending on the country of origin of the credit card used for payment, currency conversion fees, charged by the card-issuing bank, may apply in addition for the User. 2.2.9. Tokens can only be used/spent on our APP. For the avoidance of doubt, a refund of any remaining/unused amount of Tokens in your User Account is not possible, meaning that a conversion of Tokens back into real currency is not possible. Therefore, Users are not entitled to any reimbursement in money. 2.2.10. Notwithstanding the provisions of this clause 2.2, upon Spicestars’s sole decision for removal, and subsequent removal thereof, of any Content (the “Removed Content”) from the APP in accordance with our Content Removal Policy, Spicestars will not compensate you for the amount you have spent on purchasing and/or otherwise gaining access to the Removed Content, in any currency, amount or equivalent form thereto. 2.3 User Safety At Omnipink Ltd. user safety is a top priority. We strongly advise exercising caution and refraining from divulging sensitive personal information during conversations with AI Companions. This includes, but is not limited to, financial details, addresses, contact information, or passwords. While security measures are in place, we cannot guarantee the confidentiality of information shared during interactions. Users are solely responsible for safeguarding their Personal Information and should be mindful of potential risks associated with online conversations. Reporting any suspicious or inappropriate behaviour encountered on the platform is encouraged, as we are committed to fostering a secure and respectful environment for all users. 2.4 Warranties By accessing and/or using this APP, you affirm, represent, and warrant that:

You are at least eighteen (18) years of age or the age of majority in the jurisdiction you are accessing and/or using the Site from and are fully able and competent to enter into the TOS, conditions, obligations, affirmations, representations, and warranties set forth in these TOS, and to abide by and comply with these TOS. If you are under eighteen (18) or the applicable age of majority, it is strictly prohibited to access and/or use this APP;

You will not allow access or viewing to, or by, or engage and/or interact with any person who has not yet reached at least eighteen (18) years of age eighteen (18) years of age, or older in any other location in which eighteen (18) is not the minimum age of majority in the applicable jurisdiction;

If entering into these TOS on behalf of another person, you are fully and duly authorized by such person, binding both you and the other person;

The jurisdiction from which you access the APP does not prohibit the receiving or viewing of sexually explicit content;

You also understand and agree that, after any purchases made on the APP, you may be asked to prove or verify your age. If you are unsuccessful (i.e., you are found to be under eighteen (18) years of age or the age of majority in the location where you are attempting to verify from) or otherwise unable to do so, your purchase will be cancelled and a refund may be issued to you, in a discretionary manner. Upon such failure to verify or prove your age we also reserve the right, in our sole and final discretion, to prevent you from entering or re-entering the APP by, for example but not limited to, terminating your User Account.

4. Intellectual Property

Intellectual Property associated with the APP and embedded materials (including, but not limited to, technology, systems, files, documents, text, photographs, information, images, videos, audios, and software) in the APP belongs to or is licensed to Omnipink Ltd. You may download or register on the APP to view, use, and display the APP and its Content on your personal devices. You are allowed to download, save, share, reproduce, duplicate, copy, redistribute or re-sell any piece of Content you have created via your User Account.

However, you are not allowed to record, save, share, reproduce, duplicate, copy, redistribute or re-sell any piece of Content or Interaction that was not created via your User Account, including, but not limited, by uploading the Content or Interaction to so-called One-Click-Hoster (OCH)/ Sharehoster or by sharing the Content or Interaction via file sharing networks or Torrent networks etc. The Intellectual Property Rights in the Content created via your User Account shall remain at all times your sole and exclusive property.

In relation to the Intellectual Property Rights related to the Content created via your User Account, you, during and after the termination of our relationship, grant to Omnipink Ltd a worldwide, non-exclusive, transferable, non- revocable, in perpetuity, sub-licensable, royalty-free license to commercially use, exploit, distribute, modify, run, copy, publicly display, translate, or create derivative works of your Content the Content you have created via your User Account and any copyrighted or proprietary information and material you have provided for the creation of your Content.

In relation to all Intellectual Property Rights related to the APP, Omnipink Ltd. grants you a license for personal use only, and this license does not constitute a transfer of title under any circumstances. The license automatically terminates if you violate any restrictions or these TOS (including any other Terms and Policies at https:// Spicestars.ai), and we reserve the right to terminate your User Account it at any time, without notice, in our sole discretion.

Unless otherwise stated, all Intellectual Property rights related to the APP and in all materials in our APP, including but not limited to, AI Companions, platform design, logos, and proprietary software or technology, are the exclusive property of Omnipink Ltd. or its licensors. Users are prohibited from reproducing, modifying, distributing, or using any Intellectual Property of Spicestars or any extract from the APP without explicit authorization, and unauthorized use may lead to legal consequences.

Further, if you breach any of the terms of the TOS, your permission to use the APP automatically terminates and you must immediately destroy any downloaded extracts, Content and/or Interaction from our APP. Notwithstanding the foregoing, we reserve the right to withhold any or all amounts of your Tokens where we have reasonable grounds to believe that you are acting in violation of clause 4.

By using the APP or its Services to upload Input under intellectual property rights, you grant us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, distribute, modify, run, copy, publicly display, translate, or create derivative works of your Content, consistent with our Privacy Policy. Such license shall survive the termination of our relationship or deletion of your User Account.

You grant permission to use your username and associated identifying information in line with your privacy preferences and our Privacy Policy.

6. Restrictions of Conduct and Content

6.1 Rules and restrictions Please review the following list of prohibited uses carefully before accessing and using the APP. In accessing and using the APP, you agree to adhere to these rules, restrictions, and limitations:

No use of the APP in a way that, in our sole discretion, may expose us and others to liability or damages;

Compliance with all applicable laws in your access and use of the APP, including the laws of your country or district if outside the Cyrpus;

The APP should not be employed for illegal purposes, to offend others, or to commit a misdemeanour, felony, or crime;

violate any law or encourage or provide instructions to another to do so;

be in contempt of any court, or in breach of any court order;

be in breach of official secrets legislation;

be in breach of any contractual obligation owed to any person;

be in breach of racial or religious hatred or discrimination legislation or be blasphemous;

act in a manner that negatively affects other Users’ ability to use the Site, including without limitation by engaging in conduct and/or posting material that is harmful, threatening, abusive, inflammatory, intimidating, violent or encouraging of violence to people or animals, harassing, stalking, invasive of another’s privacy, or racially, ethnically, or otherwise objectionable;

No removal, alteration, or obscuring of any copyright, trademark notice, hyperlink, or other proprietary rights notices in the APP;

post or transmit any material that consists of or contains any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;

post or transmit any material that depicts or advertises any person under eighteen (18) years of age (or older in any other location in which eighteen (18) is not the minimum age of majority) whether real or simulated;

post or transmit any material for which you have not maintained written documentation sufficient to confirm that all subjects of your posts are, in fact, over eighteen (18) years of age, or older in any other location in which eighteen (18) is not the minimum age of majority in the applicable jurisdiction at the time the content was created;

allow access or viewing to or by, or engage and/or interact with, any person who has not yet reached at least eighteen (18) years of age, or older in any other location in which eighteen (18) is not the minimum age of majority in the applicable jurisdiction;

post or transmit any material depicting underage persons and/or characters, regardless of whether depicting sexual activity, non-consensual sexual activity, revenge porn, blackmail, intimidation, snuff, torture, death, violence, incest, blasphemy, racial slurs, or hate speech, (either orally or via the written word);

post or transmit any material that contains falsehoods or misrepresentations that could damage the Website or any third party;

post or transmit any material that is obscene, illegal, unlawful, fraudulent, defamatory, libelous, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;

post or transmit any material containing unsolicited or unauthorized advertising, promotional materials, spam, junk mail, chain letters, pyramid schemes, or any other form of unauthorized solicitation;

post any Content containing sweepstakes, contests, or lotteries, or otherwise related to gambling;

post or transmit any material containing copyrighted materials, or materials protected by other intellectual property laws, that you do not own or for which you have not obtained all necessary written permissions and releases;

post or transmit any material which impersonates another person or falsely states or otherwise misrepresents your affiliation with a person;

use the Website (or post or transmit any material that) in any way that promotes or facilitates prostitution, solicitation of prostitution, human trafficking, or sex trafficking;

use the Website to arrange any in-person meetings for purposes of sexual activity for hire;

deploy programs, software, or applications designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, including by engaging in any denial-of-service attack or similar conduct;

deploy or use programs, software or applications designed to harm, interfere with the operation of, or access in an unauthorized manner, services, networks, servers, or other infrastructure;

exceed your authorized access to any portion of the Website;

remove, delete, alter, circumvent, avoid, or bypass any digital rights management technology, encryption or security tools used anywhere on the Website or in connection with our services;

collect or store personal data about anyone;

use data collected from the Site for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing);

alter or modify without permission any part of the Website or its content, including ads;

obtain or attempt to access or otherwise obtain any Content or information through any means not intentionally made available or provided for through the Websites;

exploit errors in design, features which are not documented, and/or bugs to gain access that would otherwise not be available. Additionally, you agree not to:

Modification, translation, adaptation, or reformatting of the APP is prohibited;

Deciphering, decompiling, disassembling, or reverse-engineering the software or materials is forbidden, except as permitted by applicable local law (to the extent disclosed in writing in advance);

Interfere with or circumvent any security feature or usage restriction of the APP;

use the Website in any manner that could disable, overburden, damage, or impair the APP, our systems and networks or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website;

use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website without our prior written consent;

use any manual process to download, monitor or copy any of the material on the Website or for any other unauthorized purpose;

use any information obtained from or through the Website to block or interfere with the display of any advertising on the Website, or for the purpose of implementing, modifying or updating any software or filter lists that block or interfere with the display of any advertising on the Website;

use any device, bots, scripts, software, or routine that interferes with the proper working of the Website or that shortcut or alter Website functions to run or appear in ways that are not intended by the Website’s design;

introduce or upload any viruses, Trojan horses, worms, logic bombs, time bombs, cancelbots, corrupted files or any other similar software, program, or material which is malicious or technologically harmful or that that may damage the operation of another’s property or of the Website’s or our services;

attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website are stored, or any server, computer, or database connected to the Website or our or any third party's data, systems, or networks;

remove any copyright or other proprietary notices from our Website or any of the materials contained therein;

attack the Website via a denial-of-service attack or a distributed denial-of-service attack;

otherwise attempt to interfere with the proper working of the Website. You may also not use our Site in order to transmit or procure the sending of any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation via email, the Spicestars messaging system or other electronic communication. Any rights not expressly granted in these terms are reserved. Please read our Blocked Content Policy. 6.2 Content responsibility As a user of the APP, you are solely responsible for the Output generated by AI Companions through text messages, text, audio, voice messages, images, and videos. The AI Companions learn and respond based on your conversations and selected parameters. Omnipink Ltd. does not control or endorse the content generated by the AI Companions. Therefore, you acknowledge full responsibility for the AI-generated Output and your actions while using the APP. Other than personally identifiable information, which is covered under our Privacy Policy, any material you transmit to or post on the APP and any Output shall be considered non confidential and non-proprietary. We shall have no obligations with respect to such material. We and our designees shall be free to copy, disclose, distribute, incorporate, and otherwise use such material and all data, images, sounds, text, comments and other things embodied therein for any and all commercial or non-commercial purposes. Your interactions with AI Companions must comply with applicable laws, regulations, and these TOS. Avoid engaging in any illegal, unethical, or harmful activities through the APP. You agree that you will only use the APP and our Services for the lawful purposes expressly permitted and contemplated by the TOS. You may not use the Website and our services for any other purposes, including but not limited to commercial purposes, without our express written consent. 6.3 Incidences and User Actions Omnipink Ltd. shall not be held accountable for any incidents or actions arising from interactions between users and AI Companions. The AI Companions simulate human-like conversations based on algorithms and machine learning, and we do not endorse or take responsibility for any actions, decisions, or consequences resulting from user engagement with the AI Companions. Users are encouraged to exercise their judgment and discretion while interacting with the AI Companions and refrain from activities that may cause harm or violate applicable laws. 6.4 Content Moderation At Spicestars we prioritize the safety and integrity of our Users. While conversations between Users and AI Companions are generally confidential, a content moderation filter based on third party specialized moderation tools have been implemented to ensure compliance with our TOS and Policies. If the moderation filter identifies content violating our Terms and Policies, we reserve the right to manually review and take appropriate action, including terminating the User Account under consideration. This measure aims to maintain a respectful and secure environment, striking a balance between privacy and community standards. Users are expected to adhere to guidelines, and we appreciate reporting any violations. We reserve the right, though not obligated, to reject and/or remove user content violating these provisions. If you observe any violations, please contact us at: legal@omnipink.ai or report directly in the APP's "Contact" section. In addition to the above, we have the right but not the obligation to take any of the following actions, including when we detect, or are notified of, any prohibited activity and/or misuse of the APP by way of any Interaction or Content (“Prohibited Use”) uploaded to the APP that infringes applicable laws, rights of third parties, or the TOS. When deciding on appropriate action, we consider all relevant factors such as the frequency, severity, and impact of a violation, as well as any measures previously imposed on an infringer:

Issue a written warning to the infringer. Before we temporarily or permanently suspend an infringer’s access to our Services following provision of manifestly illegal Content or action by such infringer we may issue a warning to the infringer, provided such warning would not conflict with the purposes of the moderation decision. Examples of misuse that may be sanctioned with a suspension or termination include, but are not limited to, the frequent uploading of Content that violates applicable law, third party rights, or these TOS, or the uploading of Content that manifestly and severely violates applicable law, third party rights, or TOS.

Restrict the visibility or other accessibility of Content.

Restrict the access of, suspend, or terminate the User Account of a User.

Restricting, suspending, or withholding Tokens.

Report the infringer to law enforcement authorities. monitor any communication occurring on or through the APP to confirm compliance with these tos, the security of the APP, or any legal obligation; and

take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the APP. We may also remove or refuse to post any Content and/or Interaction submitted or contributed to this APP for any or no reason in our sole discretion, including, without limitation, if any information or documentation provided by you is inadequate, incomplete, or inaccurate or does not allow us to assess and confirm your identity. If we have reason to believe that your use of the APP is and/or potentially could constitute Prohibited Use, therefore violating any applicable law, third party right, or these TOS, we may take appropriate interim actions (as described herein), to prevent potential harm to our further investigation. In deciding on the appropriate and proportionate course of action, we will give due consideration to the legitimate interests of the impacted User, any other potentially affected rights holders, and our own legitimate interests. In particular, we will assess the nature of the Interaction concerned, the gravity of the respective violation or illegality, and any indications on whether or not the Interaction is classified as Prohibited Use. In case an investigation was prompted following report by a User, we will also consider the explanatory information and evidence provided by such User and, if available, the reporting User’s submission history. We use a variety of procedures and tools to identify, review and moderate Interactions. This includes both human and automated review, or a combination of both, depending on what is appropriate and required in each individual case. Automated review may include the use of systems which assist us in identifying infringing Content, determining the prioritization of certain issues, and applying appropriate measures. Content may be compared against databases of digitally finger-printed content and other, similar repositories, such as (but not limited to) YouTube’s CSAI Match. Automated review may be subject to further, manual verification, in the context of which Content and measures may be reassessed. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any Content on or through the APP. YOU WAIVE AND HOLD US, OUR OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS, AND ASSIGNS HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US AS A CONSEQUENCE OF DISCLOSING PERSONAL INFORMATION IN RELATION TO DATA DISCLOSURE REQUESTS FROM LAW ENFORCEMENT AUTHORITIES. We take a powerful stand against any form of child exploitation or human trafficking. If we discover that any material that appears to constitute child sexual abuse material, we will remove the material and submit a report to the appropriate organization and alert law enforcement. If you see any Content and/or become aware of any Interaction you suspect to be in violation of applicable law, third party rights, or of the TOS, please report such to us, by sending us an email at legal@omnipink.ai or by making a report directly in the APP's "Contact" section. Further, the Website does not permit and will not tolerate any form of revenge porn, blackmail, or intimidation, and such violations may also be reported by sending us an email at legal@omnipink.ai or by making a report directly in the APP's "Contact" section. To maintain our services in a manner we deem appropriate for our venue and to the maximum extent permitted by applicable laws, we may review, monitor, display, reject, refuse to post, store, maintain, accept, or remove any material posted (including, without limitation, private messages, public comments, public group chat messages, private group chat messages, or private instant messages) by you, and we may, in our sole discretion, delete, move, re-format, remove, or refuse to post or otherwise make use of material without notice or any liability to you or any third party in connection with our operation of the Website in an appropriate manner. In order to effectively uphold the provisions of this section, we may take any such actions as described herein before the Content is posted on the APP. Without limitation, we may do so to address material that comes to our attention that we believe is offensive, obscene, violent, harassing, threatening, abusive, illegal, or otherwise objectionable or inappropriate, or to enforce the rights of third parties or these TOS or any applicable additional terms, including, without limitation, the Content and/or material restrictions set forth herein. We assume no liability for any action or inaction regarding transmissions, communications, or Content provided by any User or third party. We have no liability or responsibility to anyone for performance or non-performance of the activities described in this section.

9. Blocked Content Policy - please consult the Blocked Content Policy document

10.U.S.C. 2257 Exemption – please consult the 18 U.S.C. 2257 Exemption document

11. Warranties - No guarantee of accuracy – Service Access

Usage of our Services acknowledges that on-demand generated content may lack accuracy due to its artificial intelligence nature. While efforts are made to enhance our tool and provide quality service, accuracy cannot be guaranteed. While we try to ensure that the information on our APP is correct, we do not warrant the accuracy and completeness of the material on our APP. We may make changes to the material on our APP, or to the products and prices for the purchase of Tokens described in it, at any time without notice.

The material on our APP may be out of date, and we make no commitment to update such material. The APP, the Services and the material on our APP is provided "as is" and “as available” basis, without any conditions, warranties, or other terms of any kind and usage is at your sole risk.

Accordingly, to the maximum extent permitted by law, we provide the User with our APP on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which might have effect in relation to our APP and the Services, to the fullest extent permissible under applicable law. We do not warrant that: A. The APP is timely, error-free, secure, or uninterrupted use of the APP; B.

The APP meets your requirements; or C. The accuracy, likely results, or reliability of the materials on our website or related to such materials or resources linked to our website. We always try to ensure that our Site is normally available 24 hours a day, but we shall not be liable if, for any reason, our Site is unavailable at any time or for any period. Access to our Site may be suspended temporarily and without notice in the case of system failure, maintenance, or repair or for reasons beyond our control.

12. Data Protection

12.1 Any use of our APP, the Services, Content/Interaction and the data/personal information provided by you to Spicestars are governed by Spicestars’s Privacy Policy. The latest version of the Privacy Policy can be found here. 12.2 In connection to that, Spicestars is authorized to acquire information relevant to you from credit reporting agencies. You consent to our right to register/disclose data in the event you are not acting in accordance with the provisions of the TOS (e.g.

credit card confiscation due to improper usage by the card holder, causing of chargeback transactions in cases of undisputed claims, foreclosure (levy of execution) sanctions, etc.). In compliance with the applicable data protection laws, this registration/disclosure is only allowed when required for Spicestars in order to protect its legitimate interests and when such registration / disclosure does not impair legally protected interests of the User.

13. Fulfillment Policy

13.1 Cancellation Flexibility is available to cancel your subscription at any time. Upon cancellation, your subscription will remain active until the conclusion of the current billing period, thereby preventing any future charges. To cancel, access your settings page and click on [] before selecting "Cancel Plan." This will enable you to provide a reason for cancellation and deactivate your premium membership. However, you will still maintain access to the platform and your previously created content.

No additional Tokens will be credited to your account unless you reactivate your premium membership. You can always easily cancel your membership directly at: https://www. Spicestars.ai/profile/settings/membership There, you will find the form to cancel your membership at any time. 13.2 Access upon Cancellation Following subscription cancellation, you retain access to the APP and its features until the current billing period concludes.

After this period, access to premium features is restricted, with the option to resubscribe at any time to regain the premium features. All Content / Output created will still be accessible by the User, but premium features will no longer be accessible. 13.3 Modifying Subscription Plans You can upgrade or downgrade your subscription plan at any time, with the upgrade becoming effective immediately upon successful payment of your new subscription plan and with the downgrade becoming effective as of the next billing cycle.

This can be done through the settings page the same way as mentioned in section 13.1 of the TOS. 13.4 Refund Policy – Withdrawal Policy Refund Policy 13.4.1. A 7-day window post-payment exists to request a refund. No refunds will be issued if the request is made more than 7-day after payment or if over 200 Tokens have been used. If the service is not up to standard, please fill in our contact form found on our help center page which will allow you to get in contact with our team and discuss your problems, we always want to support your needs.

Withdrawal Policy 13.4.2 Right of Withdrawal You have the right to withdraw from this contract within fourteen (14) days without giving any reason. The withdrawal period will expire after fourteen (14) days from the day of the conclusion of the contract. To exercise the right of withdrawal, you must inform us, Omnipink Ltd. , John Kennedy, 8 IRIS HOUSE, 3rd floor 3106, Limassol, Cyprus email: legal@omnipink.ai of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e mail).

You may use the attached model withdrawal form (available here) but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

13.4.3 Effects of Withdrawal If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract.

We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated us your withdrawal from this contract, in comparison with the full coverage of the contract.

With regard to the supply of digital content, which is not supplied on a tangible medium, your right of withdrawal prematurely expires if the performance has begun with the consumer’s prior express consent and his acknowledgment that he thereby loses his right of withdrawal.

13.5. Deletion of User Account

Users have the following options for deletion of their User Account: (a) Via email to legal@omnipink.ai: Please submit your personal username or email address associated with your User Account that you would like to delete; (b) Through your User profile’s Account Settings option. Following review and if there are no violations of these TOS or other related Policies, Spicestars will submit a confirmation of the deletion of the User Account to the User’s email address stored in the User Account.

In case of doubt, the User is obligated to prove the sending of a deletion request and/or the receipt of deletion confirmation.

15. Fraudulent Activities

We have a zero-tolerance policy towards fraudulent activities.

If, in our view, you have attempted to defraud us, a Group Company and/or any User in any way, including, but not limited to, fraudulent payments, for example by using stolen credit cards, false bank account details, using bank account details in an unauthorized manner, or any other fraudulent activity (including but not limited to any chargeback or other reversal of a payment) or prohibited transaction (including but not limited to money laundering) or if your deposits fail to be honoured by your bank for any reason, we reserve the right to suspend and/or terminate your User Account in connection to such fraudulent activities with immediate effect and recover bad debts using whichever method may lawfully be available to us, including, but not limited to, (i) debiting the amount owed by you from your bank account/ credit card; (ii) debiting the amount of EUR 30.00 from your bank account/credit card as administration fee; (iii) instructing third party collection agencies to collect the debt.

This may have a detrimental impact on your credit rating with the bank or credit card company and will require us to share your Personal Information with appropriate agencies. You remain liable for all of our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this Clause (including without limitation, legal fees and debt collection fees).

We reserve the right to void and withhold any or all of your amounts of Tokens where we have reasonable grounds to believe that you are acting or have acted in liaison in an attempt to defraud or damage us, a Group Company or User in any way.

16. Breach / Indemnification

16.1 Without prejudice to any other rights, if you breach in whole or in part any provision of the TOS, we reserve the right to take such action as it sees fit, including the termination of the business relationship with you with immediate effect, immediately blocking access to your User Account, terminating your User Account, withholding all monies and Tokens held in your User account and/or taking legal actions against you.

16.2 You agree to fully indemnify, defend and hold us and the Group Company, its shareholders, directors and employees harmless from and against all claims, demands, liabilities, damages, losses, costs and expenses, including legal fees and any other charges whatsoever, howsoever caused, that may arise as a result of your breach of these TOS, in whole or in part, your violation of any law or any third party rights, your Content/Interaction and use of your Content/Interaction, both inside APP and outside APP, and your use of our APP or use by any other person accessing our APP using your username and password, whether or not with your authorization.

17. Liability

17.1 We, and any Group Company, the shareholders, directors, officers, or employees shall not be liable (jointly or severally) to you or any third party for any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever resulting from loss of use, data or profits, whether or not advised of the possibility of such damage, and on any theory of liability, arising out of or in connection with the use or performance of this information or arising in whole or in part from your use of the APP and/or the Services.

Any liability to pay damages or compensation, based on contract law, torts, negligence or any other area of law or arising from any duty of indemnification, shall in any event be limited to a total aggregate amount not exceeding the amounts the User spent on the APP in order to purchase Tokens. If any applicable authority holds any portion of this clause 17.1 to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.

17.2 Spicestars is liable without limitation if damage is caused by an intentional or gross negligent breach of duty by Spicestars or one of its legal representatives or vicarious agents. In addition, Spicestars is liable for slight negligent breach of essential obligations breach. Those are breaches which put at risk the achievement of the contractual purpose, or the performance of which enables the fulfillment of the contract and is regularly trusted on by the User.

In this case, Spicestars however is only liable for foreseeable damage typical of the contract; Spicestars is not liable for slight negligent breach of any other obligations than those mentioned in the previous clauses. 17.3 All aforementioned limitations of liability in the TOS do not apply to damages from injury to life, body, or health, for a defect after a guarantee for the condition of the product or for fraudulently concealed defects.

17.4 If your use of material or Service on our APP results in the need for servicing, repair or correction of equipment, software, or data, you assume all costs thereof.

18. Events outside our control

18.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under an agreement/contract that is caused by events outside our reasonable control (hereinafter “Force Majeure Event”).

18.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) strikes, lock outs or other industrial action; civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; fire, explosion, storm, flood, earthquake, subsidence or other natural disaster; impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; impossibility of the use of public or private telecommunications networks; the decrees, legislation, regulations or restrictions of any government; and pandemic or epidemic.

18.3 Our performance under any agreement or contract is deemed to be suspended for the period of the Force Majeure Event. After the end of the Force Majeure Event, term of the agreement will be extended by the period of the Force Majeure Event. We will use reasonable endeavours to bring the Force Majeure Event to an end or to find a solution by which the company’s obligations under the Terms of Use may be performed despite the Force Majeure Event.

19. Governing Law and Dispute Resolution

These TOS shall be governed by and construed in accordance with the laws of the Cyrpus, irrespective of your location. Any dispute shall be referred to and resolved by the courts of the Cyrpus. Users with a habitual residence abroad shall be entitled, independently of the choice of law, to rely on the mandatory consumer protection laws of the country of their habitual residence. We cooperate with out-of-court dispute settlement bodies (“Dispute Settlement Bodies”) that have been certified in accordance with Art. 21(3) of the DSA. The European Commission publishes a list of these bodies. If you have your place of establishment or you are located in the European Union, you have the right to select a Dispute Settlement Body to assist in resolving disputes relating to decisions previously taken by us regarding your account or Interaction with the Website, or notices you submitted to us. This includes cases in which complaints have remained unresolved by our internal complaint-handling system, as described in our Complaint Policy found here. We reserve the right to refuse to cooperate with your selected Dispute Settlement Body if:

A dispute has already been resolved or is already subject to an ongoing procedure before a competent court of relevant jurisdiction, or before another Dispute Settlement Body.

The Dispute Settlement Body has been contacted after the six-month period from notification to you of our decision has lapsed, and you have not previously filed a complaint through our internal complaint-handling system over a particular issue. Any decisions taken by Dispute Settlement Bodies shall not be binding on either you or us. We are neither willing nor obligated to participate in dispute resolution proceedings with consumers before a consumer arbitration board under the EU Directive on Consumer ADR.

20. Changes to Terms and Policies documents

We reserve the right to update or modify these TOS and/or other Terms and Policies periodically at our sole and absolute discretion. Changes become effective immediately upon posting the revised versions on the APP. Please check these documents regularly to stay informed about the latest version. Failure to agree with revised Terms and Policies requires immediate cessation of APP use. We may alter the Services scope and fees at any time without notice, reserving the right to discontinue provision and/or support of the Services without prior notice.

Your continued use of the APP and the Services after the changes become effective, constitutes your agreement and confirmation to those changes. Unless otherwise communicated by us, you will be deemed to have agreed to the changes unless you notify us of your disagreement in writing. Should you not agree to the changes, you should refrain from using the APP and the Services after the changes come into effect.

Each updated version of these TOS and/or other Terms and Policies supersedes any prior versions as of the ‘Last Updated’ date found at the top, and any prior version(s) shall have no continuing legal effect.

21. Severability

If a provision of these TOS is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect the validity or enforceability in that jurisdiction of any other provision hereof or the validity or enforceability in other jurisdictions of that or any other provision hereof, enforced to the maximum extent possible.

22. Waiver

No waiver by us of any breach of any provision of these TOS shall in any way be construed as a waiver of any subsequent breach of such provision or of any breach of any other provision of these TOS.

23. Termination and Assignment

These TOS and/or other Terms and Policies remain in effect until terminated by either Party. Termination is at your discretion by discontinuing APP access. For paid Users / subscribers, processing of fees post-termination follows payment processor rules. We may terminate for any reason, including suspected TOS breach, with or without notice. We may terminate these Terms of Use for any or no reason at any time by notifying you through a notice on the APP, by email, or by any other method of communication.

Any such termination will be without prejudice to our rights, remedies, claims, or defences hereunder. Upon termination of these Terms of Use, you will no longer have a right to access your User Account, use your username or your Content, Input or Output. We will not have any obligation to assist you in migrating your data or your purchased Content and we may not keep any back up of any of your Content. We reserve the right to assign this agreement, in whole or in part, at any time without notice.

Rights to assign, transfer, or subcontract the Services to third parties are reserved, with notice posted on the APP. Continuing APP use implies consent to such assignment. You may not assign any of your rights or obligations under these TOS.

24. Miscellaneous

These TOS, other Terms and Policies, constitute the entire agreement between us and you regarding APP access and use, superseding all prior written or oral agreements. Nothing in these Terms of Use shall create or confer any rights or other benefits in favour of any third parties not party to the business relationship between the Parties.

26. Single Point of Contact

In accordance with Articles 11 and 12 of Regulation (EU) 2022/2065 (the “Digital Services Act” or “DSA”), legal@omnipink.ai is the designated, single point of contact for communications with recipients of the services offered herein, as well as for European Union Member State authorities, the Commission, and the Board for Digital Services. Please conduct all communication in English.

27. Key reminder

User-AI Companion conversations on the APP are entirely fictional. AI Companions simulate human-like interactions but lack genuine emotions, intentions, or real-world fulfillment abilities. Elements resembling reality within conversations are fake. Omnipink Ltd. assumes no responsibility for confusion arising from the fictional nature of AI conversations. Users are urged to recognize AI Companions' existence within the Spicestars.ai platform, discrediting any expectations or beliefs beyond that realm.

The Spicestars.ai platform does not endorse or support real-world actions resulting from AI interactions. Please read our AI Terms.