Terms of Service

1. Our Services

Hiyam is an interactive fiction game. You play AI-powered romance, drama, and emotional storytelling games and stories, and you can create and share your own games and stories, including fanfiction. All characters on the Services are fictional and are portrayed by artificial intelligence.

• Hiyam is not adult content. Romance on Hiyam is about emotion, tension, chemistry, and relationships. Sexually explicit content is not allowed anywhere on the Services, including in private chats with AI characters and in any images, as described in Section 7 and the Content Guidelines.
• Hiyam is not a dating or matchmaking service. You do not meet, match with, or message real people through story characters. The "DMs" in the Services are conversations with AI characters, not with other users.
• Hiyam is entertainment. It is not therapy, counseling, medical care, or a substitute for real-world relationships or professional help.

2. Eligibility and Age Requirement

18+ only. The Services are intended solely for adults. You must be at least eighteen (18) years old, and the age of majority where you live if that is higher, to create an Account or use the Services. Before you can play, you must check a box confirming that you are 18 or older and that you agree to these Terms of Service and the Privacy Policy, and we keep a record of that confirmation for your Account. If you play as a guest without an Account, you must check the same box before your first turn. Guests can play a limited number of turns of existing games, cannot start a new game, and see only all-ages content. In the Apps, we use the age signals provided by Google Play and by Apple's Declared Age Range, and if a signal indicates that you are under 18, we will not allow you to use the App. We may also use age signals from other platforms where they are available and the law requires or permits it, and we may ask you to verify your age at any time.

Content labels. We may label games and stories that include intense themes, such as horror, violence, strong language, or emotionally difficult subject matter. Some games on the Site are labeled Mature. To access a Mature game, you must also provide your birthday showing that you are 18 or older and confirm your age. Mature games are not available in the Apps, and Accounts with an under-18 birthday or age signal cannot access Mature content, send tips, or make purchases. A content label never permits sexually explicit content, which is prohibited for everyone.

Minors. The Services are not directed to anyone under 18, and we do not knowingly collect personal information from anyone under 18. If we learn that a user is under 18, we will suspend or terminate the Account and delete related content and personal information, except where the law requires us to keep it. If we reasonably suspect that a user is under 18, we may suspend the Account and ask the user to verify their age. You can report a suspected underage user using the reporting tools described in Section 8.

3. Account, Password, Security, and Mobile Phone Use

Except for limited guest play described in Section 2, you must register with Yamstudio and create an account to use the Services (an "Account"). You may register by signing in with Google, Discord, or your mobile phone number, or, in our iOS App, with Sign in with Apple. By using the Services, you agree to provide true, accurate, current and complete information as prompted by the registration process and to maintain and promptly update the Account information to keep it accurate, current and complete. You may not create an Account using a false identity or a false age, on behalf of someone else, or if we have previously banned you from the Services. One person may hold only one Account unless we permit otherwise.

You are the sole authorized user of your Account, and your Account is not transferable to any other person or account. You are responsible for maintaining the confidentiality of your login credentials and are solely and fully responsible for all activities that occur under your Account, even if not authorized by you. Should you suspect that any unauthorized party may be using your Account or you suspect any other breach of security, you agree to contact Yamstudio immediately at hi@yamstudio.ai.

Mobile phone sign-in. If you sign in with your mobile phone number, we send one-time verification codes to that number by text message, through Twilio, our messaging provider, to verify your identity and secure your Account. Yamstudio does not charge for these texts, but standard message and data rates from your wireless carrier may apply.

Deleting your Account. You may delete your Account at any time on the Site at hiyam.ai/profile/edit, or in the App under Settings > Delete Account, or by emailing hi@yamstudio.ai with enough information for us to identify your Account. Deleting your Account does not automatically cancel a Subscription purchased through Apple or Google; you must cancel that Subscription in your App Store or Google Play settings. Our Privacy Policy explains what we delete and what we keep after deletion. Games you have published remain on the Services after you delete your Account, credited to “Deleted user.” Before you delete your Account, you can set a game to Private or Unlisted, edit it to remove personal information, or delete it; a deleted game can be recovered for ninety (90) days. After you delete your Account, you can ask us to unpublish a game or remove personal information from it by emailing hi@yamstudio.ai. Deleting your Account cancels any Subscription purchased on the Site, so you will not be charged for future renewals.

4. AI Characters and AI-Generated Content

The Services use artificial intelligence to generate characters, dialogue, storylines, images, video, voice audio, and other outputs (collectively, "AI Output"), including in response to your prompts, messages, choices, uploads, and other inputs ("Inputs"). By using the Services, you understand and agree to the following:

• You are talking to AI, not a person. Every character on the Services is generated by artificial intelligence. Characters are not human, do not have feelings or consciousness, and are not controlled in real time by Yamstudio staff or other users. We tell you that your story is written by AI the first time you send your own words in a story, and we remind you that characters are AI at the start of each session and at least every three hours during a continuing session (a new session starts after thirty (30) minutes without play), as described in our Safety Protocol.
• AI Output is fiction. Characters, scenarios, and dialogue are fictional and do not represent real people, events, or facts, even where a story is inspired by a real show, book, game, or public figure.
• AI Output can be wrong or unexpected. AI Output may be inaccurate, inconsistent, offensive, or otherwise objectionable despite our safeguards, and it does not reflect our views. Do not rely on AI Output for any decision.
• No professional advice. AI Output is not medical, mental health, legal, financial, or relationship advice. Characters cannot help in an emergency. If you are in crisis, see Section 5.
• Your Inputs. You are responsible for your Inputs and must not submit Inputs that violate this Agreement. Our filters may block, change, or decline to respond to Inputs that would produce prohibited content.
• AI Output is not unique. AI Output may be similar or identical across users, and other users may receive output similar to yours.

Rights in AI Output. To the extent permitted by law and subject to your compliance with this Agreement, we grant you a limited, personal, non-exclusive, non-transferable, revocable license to use the AI Output generated for you for your personal, non-commercial purposes. As between you and Yamstudio, Yamstudio retains whatever rights it has in AI Output. AI Output may not be protectable by copyright, and AI Output that incorporates third-party characters or works remains subject to those third parties' rights (see Section 9). We retain all rights in our software, the characters and games we create, and the Services. AI Output you publish or share through the Services is treated as User Generated Content under Section 6.

Our AI providers. We use third-party AI model providers, currently Google, OpenAI, and Anthropic for story text, OpenAI for images, ElevenLabs for character voices, and Seedance for video (when the voice and video features are available), to generate and moderate AI Output, and OpenAI and Google to check uploaded photos for images of children or explicit content. Your Inputs and related story content are sent to those providers to produce responses, as described in our Privacy Policy. The first time you send your own words in a story, we ask for your consent to share your data with the AI providers identified on the consent screen. You may withdraw that consent under Profile > Edit profile > Account > “Withdraw AI consent”; features that require sharing data with those providers will then be unavailable to you. Withdrawal stops future sharing that relies on that consent; it does not automatically delete data already sent to a provider, which is subject to the retention and deletion rules described in our Privacy Policy. Under the standard API terms that apply to our use of their services, Google, OpenAI, and Anthropic are not permitted to use your Inputs to train their models. ElevenLabs and Seedance are likewise not permitted to use your Inputs to train their models. We do not have zero-retention agreements with these providers, so they may retain data for limited periods under their own terms. Yamstudio does not use your chats or stories to train or fine-tune any AI model.

5. Your Well-Being and Crisis Resources

Hiyam is designed for entertainment. Stories may involve emotional themes, but AI characters are not a substitute for human connection or professional care.

• If you are in crisis or thinking about harming yourself, please contact a crisis line now. In the United States, call or text 988 (Suicide & Crisis Lifeline) or text HOME to 741741 (Crisis Text Line). If you are outside the U.S., contact your local emergency number or crisis service. If you are in immediate danger, call 911 or your local emergency number.
• Our safety protocol. If our systems detect that you may be expressing thoughts of suicide or self-harm, the Services are designed to hold your message, without charging you for it, and show crisis resources, including the 988 Suicide & Crisis Lifeline, the Crisis Text Line, and an international helpline finder. AI characters are designed not to encourage, describe methods of, or romanticize self-harm or suicide, and we screen AI replies for content that encourages self-harm. Our published Safety Protocol, available at hiyam.ai/safety, provides further details. These safeguards may not detect every risk and are not an emergency response service.
• Take breaks. After three hours of continuous play, we remind you that you can take a break. Paid features never buy a character's affection, and characters are designed not to guilt or pressure you into spending money or staying in the Services.
• Not suitable for some people. AI companion and romance experiences may not be suitable for everyone, including minors and people who are especially vulnerable to emotional dependence. Please use the Services in a way that is healthy for you.

6. User Generated Content

"User Generated Content" is defined as any content, information, and materials, whether textual, audio, or visual, that you provide, submit, upload, publish, or otherwise make available through the Services, including games, stories, and characters you create, prompts, messages, comments and replies, images and photos you upload, profile information, and AI Output you publish or share. You keep whatever ownership rights you have in your User Generated Content, and you are solely responsible for it.

Private and public content. Your conversations with AI characters are private to your Account unless you choose to share them, subject to the moderation and safety processes described in Section 8 and our Privacy Policy. Games and stories you publish, and comments and replies you post, are visible to other users and the public and may be viewed, played, copied, or shared by them.

Your representations. You hereby represent and warrant to Yamstudio that your User Generated Content (i) will not infringe any third party's copyright, patent, trademark, trade secret or other proprietary right, or rights of publicity, personality or privacy; (ii) will not violate any law, statute, ordinance, or regulation; (iii) will not be defamatory, libelous, unlawfully threatening, or unlawfully harassing; (iv) will not be obscene, pornographic, or sexually explicit, and will not sexualize or be harmful to minors; (v) will not contain any viruses or other malicious code; (vi) will not represent you as employed by, affiliated with, or acting on behalf of Yamstudio; (vii) will comply with the Content Guidelines; and (viii) if it includes a real photo of an identifiable person, including yourself, is submitted with that person's consent and that person is an adult, and does not include any real photo of a public figure. Non-photographic depictions of adult public figures in non-sexual fictional romantic stories are permitted only within Section 7 and the Content Guidelines and remain subject to all applicable third-party rights; this permission does not grant any rights in a person's name or likeness.

License to Yamstudio. By making available any User Generated Content through the Services, you grant to Yamstudio a worldwide, non-exclusive, royalty-free license, with the right to sublicense to our service providers and as needed to operate the Services, and transferable in connection with a merger, acquisition, reorganization, or sale of our business, to host, store, reproduce, process, adapt, modify (for example, to format, translate, or moderate), publish, publicly display, publicly perform, distribute, and transmit such User Generated Content, for the purposes of operating, providing, securing, moderating, improving, and developing new features for the Services and, for content you publish, promoting the Services. This license lasts for as long as your User Generated Content is on the Services, plus a reasonable period afterward for backups and legal compliance, and continues for copies of published content that other users have played, saved, or remixed through features of the Services. For games you publish that remain available after Account deletion under Section 3, this license continues for as long as those games remain on the Services, subject to any deletion or removal rights you have under applicable law. This license does not permit us to use your User Generated Content to train AI models. We do not claim any ownership rights in your User Generated Content. To the extent permitted by law, you waive any moral rights in your User Generated Content that would prevent us from exercising this license.

No backup obligation. We are not obligated to store or back up User Generated Content, and User Generated Content may be removed under this Agreement. Please keep your own copies of anything you want to save.

7. Representations, Warranties, and Prohibited Activities

You represent and warrant that: (i) you are 18 years of age or older and at least the age of majority in the jurisdiction in which you reside, and are otherwise capable of entering into binding contracts; (ii) you have the right, authority and capacity to enter into this Agreement and to abide by its terms; and (iii) when using or accessing the Services, you will act in accordance with all applicable laws and in good faith.

Content you may not create, request, or share. The Content Guidelines explain in detail what is and is not allowed on Hiyam. They apply to your Inputs, your User Generated Content, and how you interact with AI characters and other users. Without limiting the Content Guidelines, you may not use the Services to create, request, upload, share, or attempt to generate any content that:

• Sexually explicit content. Is pornographic or sexually explicit, including graphic descriptions or depictions of sexual acts or genitals, nudity intended to arouse, or content whose primary purpose is sexual gratification, in text, images, video, or any other format, including in private chats and paid "private photos." Romantic and emotional themes, such as attraction, dating, kissing, and relationships, are allowed within the limits of the Content Guidelines.
• Minors. Sexualizes or exploits any minor, or depicts any minor, or any character who is a minor in their source material, in a romantic or sexual context. A character who is a minor in their source material may appear in a romantic storyline only if the creator gives the character an adult age, clearly labels the character as an adult, and portrays the character as an adult throughout, and the content stays non-sexual, as described in the Content Guidelines. Aging up a character never permits sexual content. Child sexual abuse material is strictly prohibited and will be reported to the National Center for Missing & Exploited Children and law enforcement.
• Non-consent and sexual violence. Depicts, glorifies, or encourages non-consensual sexual activity, sexual violence, or sexual exploitation, or facilitates real-world sexual services or solicitation.
• Real people. Depicts any real, identifiable person in a sexual or sexually suggestive way; creates intimate or sexual imagery of a real person, including AI-generated or "deepfake" imagery; uses any real photo of a public figure, or uses any other real person's photo without their consent; places a real private individual in a romantic storyline; or is defamatory, deceptive, or harassing toward any real person. Non-sexual romantic stories about real public figures are allowed only within the limits in the Content Guidelines.
• Intellectual property and privacy. Infringes or misappropriates any copyright, trademark, right of publicity, privacy right, or other right of any person, or shares anyone's personal information without permission.
• Self-harm and violence. Promotes, glorifies, or provides instructions for suicide, self-harm, eating disorders, or violence against any person or group.
• Hate and harassment. Harasses, bullies, threatens, or intimidates anyone, or promotes hatred or discrimination based on race, ethnicity, national origin, religion, disability, sex, gender identity, sexual orientation, age, or any other protected characteristic.
• Illegal activity. Promotes or facilitates illegal activity, including the sale of drugs, weapons, or other regulated goods, gambling, fraud, or human trafficking.

Prohibited activities. You further agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Services in any medium other than as allowed by the Services and this Agreement; (ii) using any automated system, including "robots," "spiders," or scrapers, to access the Services or extract data, or using the Services, their content, or AI Output to train, develop, or improve any machine learning or artificial intelligence model; (iii) transmitting spam, chain letters, or other unsolicited messages, or attempting to phish or pretext; (iv) attempting to interfere with, compromise the system integrity or security of, or decipher any transmissions to or from the servers running the Services; (v) bypassing or attempting to bypass any age gate, content filter, safety system, rate limit, or other access control, including through "jailbreak" prompts designed to make AI characters produce prohibited content; (vi) uploading viruses, worms, or other malicious code; (vii) attempting to decipher, decompile, disassemble or reverse engineer any of the software or algorithms used to provide the Services, except as the law expressly allows; (viii) impersonating another person or entity, misrepresenting your affiliation with a person or entity, or claiming that your content is official or endorsed when it is not; (ix) harassing, threatening, stalking, or otherwise violating the legal rights of any user, visitor, or Yamstudio staff member; (x) manipulating plays, rankings, rewards, referrals, or Yam, or selling or trading Accounts or Yam; (xi) creating Accounts through automated means or under false pretenses; (xii) attempting to access other users' Accounts or to collect or track the personal information of others; (xiii) using the Services for any unlawful purpose or in any manner that infringes the rights of any third party; or (xiv) encouraging or enabling any other individual to do any of the foregoing.

8. Moderation, Reporting, Blocking, and Appeals

How we moderate. We use automated systems and human review by Yamstudio staff to detect and prevent prohibited content. Published games and stories may be reviewed by automated systems when published and afterward, and they may receive a content label. Uploaded photos are checked automatically, and uploads that appear to show a child or explicit content are refused. We also check a daily sample of AI replies for explicit content and screen AI replies for content that encourages self-harm. We may review private conversations when someone reports them, when our automated systems flag them for potential safety violations, or when needed to investigate abuse, comply with law, or protect anyone's safety, as described in our Privacy Policy.

Reporting. You can report AI character messages, stories, comments and replies, user profiles, games, and characters from within the Services using the report option on that content, or by emailing hi@yamstudio.ai. You do not need an Account to report content by email. Yamstudio staff review every report. Reports of non-consensual intimate imagery, and reports involving minors, self-harm, or a risk of harm, alert our team immediately and are prioritized.

Blocking. You can block another user, which hides that user's comments from you.

Enforcement. If we determine that content or conduct violates this Agreement, we may remove, unpublish, label, or restrict the content; limit features; issue a warning; suspend or terminate the Account; and, where the law requires or where we believe it necessary to prevent harm, report the matter to law enforcement or other authorities.

Removal of non-consensual intimate imagery. If an intimate image or video of you, including an AI-generated depiction, is published on the Services without your consent, you or someone authorized to act for you may request removal using the report option or by emailing hi@yamstudio.ai with the subject line “Intimate Image Removal,” whether or not you have an Account. Your written request must include your physical or electronic signature (or that of your authorized representative); identification of the image or video and enough information for us to locate it; a brief statement that you have a good faith belief it was published without your consent, with any relevant supporting information; and contact information so we can reach you or your representative. Upon receiving a valid request, we remove the reported image or video as soon as possible, and no later than 48 hours after receipt, and within that period make reasonable efforts to identify and remove any known identical copies, as required by the federal TAKE IT DOWN Act.

Appeals. If we remove your content or restrict your Account, we will generally tell you, unless doing so would create a safety or legal risk. You may appeal by emailing hi@yamstudio.ai with the subject line "Appeal" within thirty (30) days. Yamstudio staff will review your appeal, and we will tell you the outcome.

No guarantee. We cannot review all content in advance, and we do not guarantee that all prohibited content will be caught or removed. If you see something that breaks the rules, please report it.

9. Fanfiction and Other People's Creative Works

Many Hiyam games and stories are fanfiction, meaning stories inspired by characters and worlds from existing books, shows, anime, games, and other works ("Source Works"). Fanfiction is welcome on Hiyam within these rules:

• No affiliation. Fanfiction on Hiyam is unofficial and is not endorsed, sponsored, or approved by the creators or owners of the Source Works unless clearly stated. You must not say or imply otherwise. All rights in the Source Works remain with their owners.
• Transform, don't copy. Fanfiction should tell your own story. Do not upload or reproduce substantial portions of a Source Work, such as chapters, scripts, lyrics, or episode transcripts, or official artwork, logos, screenshots, or other images you do not have the right to use. Creators may upload their own images or generate images using our tools; Yamstudio does not automatically retrieve official character portraits from Source Works. Uploads that appear to show a child or explicit content are refused automatically, and you may not upload photos of real people other than yourself. Whether uploaded or AI-generated, images must comply with Sections 6 and 7 and the Content Guidelines. Using our tools does not establish that an image is free of third-party rights or grant permission to use protected artwork, characters, or likenesses.
• Non-commercial. You may not sell, charge for, or otherwise commercially exploit fanfiction you create on Hiyam. Creators may receive in-Service Yam rewards, and other users may tip creators in Yam using the tipping feature, with the full tip going to the creator. Yam has no cash value and cannot be withdrawn, redeemed for money, or exchanged outside the Services. Yamstudio does not pay creators money, and the Services do not support paid stories.
• Character ages. For romance, we apply the age the creator gives a character. If a character is under 18 in their Source Work, the creator may include them in a romantic storyline only by giving them an adult age, clearly labeling them as an adult, and portraying them as an adult throughout, and the story must stay non-sexual. Aging up a character never permits sexual content, and we may remove aged-up content that portrays a character as a child.
• Rights-holder requests. We may remove or restrict any fanfiction at the request of a Source Work's owner, or if we believe it may infringe their rights.

10. Billing, Payment, Subscriptions, and Virtual Items

Free Service and Paid Features. The core story experience of the Services is free to play. We also offer optional paid features (collectively, "Paid Features"): packs of Yam, our virtual currency ("Yam Packs"), and the Yam Plus and Yam Plus+ monthly subscriptions (each a "Subscription"). Current prices, and what each Paid Feature includes, are listed on our pricing page at hiyam.ai/pricinghiyam.ai/pricing and are shown again at the point of sale before you pay. Our Refund and Cancellation Policy summarizes this Section.

Payment Processing on the Site. Payments made on the Site are processed through our third-party payment processor, Stripe, Inc. ("Stripe"). By making a purchase, you authorize us and Stripe to charge your designated payment method for the applicable fees, and you agree to Stripe's terms and privacy policy. Yamstudio is not a party to your agreement with Stripe. You represent that you are authorized to use the payment method you provide. We do not receive or store full payment card details.

Purchases in the Apps. If you buy Yam or a Subscription in an App, the purchase is made through Apple's App Store or Google Play, not Stripe. Apple's or Google's terms, including their refund and cancellation rules, apply to that purchase instead of the refund and cancellation terms in this Section, and you manage or cancel that Subscription in your App Store or Google Play account settings. Refund requests for those purchases must be made to Apple or Google.

Yam. Yam is a virtual currency for use only within the Services, for example to get additional moves, looks, date extras, photos, or story content. Yam has no cash value, is not legal tender, and cannot be redeemed or exchanged for cash or anything of monetary value, or transferred or sold to any other person or Account, except as expressly provided in this Section, through the tipping feature described in Section 9, or as required by law. Yam and other virtual items are licensed, not sold, to you under a limited, personal, non-transferable, revocable license to use them within the Services. Yam you buy and Yam you earn in the Services (for example, through daily rewards, invitations, creator rewards, or tips you receive) are used the same way. We may change the amount of Yam that items in the Services cost. All images and content unlocked with Yam, including character photos, are subject to Section 7 and never include sexually explicit content.

Yam Packs. A Yam Pack is a one-time purchase. A first-purchase Yam Pack, if offered, is available once per Account. When your payment is confirmed, the Yam is added to your Account balance immediately.

Subscriptions and Auto-Renewal. Yam Plus and Yam Plus+ are monthly Subscriptions. A Subscription renews automatically every month at the monthly price shown at checkout (or, after notice of a price change, the then-current price, subject to the Early Member Price below) until you cancel. You authorize us and Stripe to charge your payment method for each renewal of a Subscription purchased on the Site. We provide renewal reminders and other subscription notices where required by applicable law. For a Subscription purchased on the Site, we will email you a reminder at least once a year with the Subscription terms and how to cancel, and we will email you before any change to its price. For Subscriptions purchased in an App, Apple or Google sends renewal notices.

First Month Offer. We may offer your first month of Yam Plus at a reduced price (the "First Month Offer"). The First Month Offer is available once per Account. After the first month, your Subscription renews at the regular monthly price shown at checkout unless you cancel before the renewal date.

Early Member Price. If you start a Subscription on or before 11:59 p.m. Pacific Time on December 31, 2026 (including with the First Month Offer), the monthly price of your Subscription will not increase for as long as your Subscription remains active without interruption, even if we later raise our prices. Upgrading from Yam Plus to Yam Plus+ is not an interruption. If your Subscription ends for any reason and you subscribe again later, the price in effect at that time applies.

Upgrades. You may upgrade from Yam Plus to Yam Plus+ at any time. When you upgrade on the Site, we charge you right away the prorated difference between the two monthly prices for the rest of your current billing period. Your renewal date does not change, and the Yam Plus+ price applies from your next renewal.

Cancellation. You may cancel a Subscription purchased on the Site at any time under Me > Your Yam > Yam Plus > Stop renewal, or by contacting us as described in Section 26. Cancellation stops future renewals. Your Subscription and its benefits continue until the end of the billing period you have already paid for, and, except as described under Refunds below or as required by law, we do not provide refunds or credits for partial billing periods. Yam already in your Account remains in your Account after you cancel.

Pricing and Taxes. We may change the prices of Paid Features at any time. We will give you notice of a change to the price of your Subscription as required by law, and the new price applies from your next billing period after that notice, subject to the Early Member Price above. All prices are in U.S. dollars and are exclusive of applicable federal, state, local or other governmental sales, value added, or other taxes ("Taxes"). Where applicable, Taxes are calculated and added at checkout, and you are responsible for paying them.

Refunds. All purchases are final and non-refundable, except (a) where applicable law requires a refund; (b) for accidental or duplicate charges; and (c) where a technical problem with the Services prevents you from receiving or using the Yam or Subscription benefits you paid for and we cannot resolve it within a reasonable time. To request a refund of a purchase made on the Site, contact us at hi@yamstudio.ai from the email address on your Account and provide enough information to identify the purchase and explain the issue. Approved refunds are made to the original payment method. Purchases through Apple's App Store or Google Play follow the applicable store's refund rules and procedures, as described above. Nothing in this Section limits your mandatory rights under applicable law.

Reversals and Disputes. When a payment is refunded, reversed, or charged back, we remove the Yam bought with it (or, for a Subscription, the Yam that Subscription granted in that billing period) from your Account. If this leaves your Yam balance below zero, you will not be able to spend Yam or make new purchases until your balance is zero or more. If you believe a charge is wrong, please contact us first at hi@yamstudio.ai so that we can look into it and resolve it with you.

Right of Withdrawal (EU, EEA, and UK Consumers). If you are a consumer in the European Union, the European Economic Area, or the United Kingdom, you may have a right to withdraw from a contract for digital content within fourteen (14) days. Yam Packs: Yam is digital content that we deliver to your Account immediately after payment. At checkout, we ask you to agree that delivery starts immediately and to acknowledge that you lose your right of withdrawal once the Yam is delivered, and we confirm this in your payment receipt. Subscriptions: at checkout, we ask you to confirm that you want your Subscription to start immediately, and we confirm this in your payment receipt. You may still withdraw from a Subscription within fourteen (14) days after you buy it by emailing hi@yamstudio.ai. If you do, we will refund what you paid, less a proportionate amount for the part of the Subscription period provided before you withdrew. Independently of that right, the Refunds terms above continue to apply to you. Nothing in this Agreement limits any right you have under mandatory consumer law.

What Paid Features Do Not Buy. Paid Features add optional extras to the Services. Payment never buys a character's agreement or affection, a score, or a story ending, and never unlocks content that the Content Guidelines prohibit.

Account Termination and Yam. If we terminate your Account for violating this Agreement, any unused Yam and the remainder of any Subscription period are forfeited, except where the law requires otherwise.

11. Mobile App Updates and Upgrades

By installing an App, you consent to the installation of the App and any updates or upgrades that are released through the Services or the applicable app store. The App (including any updates or upgrades) may (i) cause your device to automatically communicate with Yamstudio's servers to deliver the App functionality and to record usage metrics, (ii) affect App-related preferences or data stored on your device, and (iii) collect personal information as set out in our Privacy Policy. If you allow push notifications, we may send web push notifications through your browser and App push notifications through Firebase. You can turn off these notifications in your browser or device settings, as applicable. You can uninstall the App at any time.

12. Termination and Suspension

You may stop using the Services and delete your Account at any time as described in Section 3. After deletion, you will no longer have access to your Account, your profile, or your User Generated Content through the Services.

We may suspend or terminate your Account or your right to use the Services if we believe you have breached this Agreement, if we must do so to comply with law, if your use creates risk or possible legal exposure for us or others, or if we discontinue the Services. Where reasonable and lawful, we will tell you the reason and how to appeal (Section 8). If Yamstudio terminates or limits your right to use the Services, you may not register a new Account under your name, a fake or borrowed name, or the name of any third party.

Yamstudio may modify or discontinue, temporarily or permanently, all or any portion of the Services. If we discontinue the Services entirely, we will give you reasonable advance notice. Unused Yam has no cash value and will not be refunded if we discontinue the Services, except as required by law; we will refund the unused portion of any prepaid Subscription period purchased on the Site.

Following the deletion or termination of your Account, we delete your uploaded photos (including selfies), drawn looks, chats, stories, saves, and comments, and remove your profile details, as described in our Privacy Policy. Games you published remain available and are credited to “Deleted user” rather than your profile, subject to applicable deletion and removal rights. Our database host maintains daily backups for seven (7) days, so deleted data may remain in those backups until they expire. Uploaded photos are not included in those backups and are deleted immediately. We may retain information where required by law, as explained in our Privacy Policy. You cannot restore your Account or recover deleted content through the Services.

The provisions of this Agreement that by their nature should survive termination, including Sections 6 (as to retained copies), 9, 10 (as to amounts owed), 14, and 16 through 26, will survive any termination of this Agreement.

13. Links to Third-Party Websites and Third-Party Accounts

The Services may contain links to third-party websites and services. Such links do not constitute endorsement by Yamstudio or association with those websites, their content or their operators, and are provided for reference and convenience only. Yamstudio does not control any such websites and is not responsible for their availability, accuracy, content, advertising, products, or services. The use of any website controlled, owned or operated by third parties is governed by the terms and conditions of use and privacy policies for those websites, and you access them at your own risk.

Third-Party Accounts. If you register or sign in using a third-party account, such as Google, Discord, or Apple (each, a "Third-Party Account"), you authorize us to receive the information that provider shares with us under your settings, as described in our Privacy Policy. Your relationship with the provider of a Third-Party Account is governed solely by your agreement with that provider. If a Third-Party Account becomes unavailable, you may need to use another sign-in method to access your Account.

14. Intellectual Property Rights

License to use the Services. Subject to this Agreement, Yamstudio grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services, including any App installed on a device you own or control, solely for your personal, non-commercial entertainment.

Our content. Excluding User Generated Content, all text, graphics, editorial content, designs, look and feel, software, images, video, characters and games that we create, trademarks, logos, and other content made available through the Services (collectively, "Proprietary Material") are owned by Yamstudio or its licensors and are protected by copyright, trademark, and other intellectual property laws. You may not copy, download, use, redesign, reconfigure, or retransmit any Proprietary Material except as permitted by this Agreement or with Yamstudio's prior written consent.

Trademarks. The service marks and trademarks of Yamstudio, including Yamstudio, Hiyam, Yam, and the Yam logos, are owned by Yamstudio. Other trademarks, service marks, logos, and trade names appearing on the Services, including names and characters from Source Works referenced in fanfiction, are the property of their respective owners. You may not use any of these marks without the prior written consent of the owner.

Feedback. You may choose to, or we may invite you to, submit comments, ideas, or feedback about the Services ("Feedback"). By submitting Feedback, you agree that it is gratuitous, unsolicited, and without restriction, that it will not place Yamstudio under any fiduciary or other obligation, and that we may use and disclose it without any compensation to you.

15. Copyright Complaints and Copyright Agent

Yamstudio respects the intellectual property of others and expects users to do the same. We respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act, 17 U.S.C. § 512 ("DMCA"). If you believe, in good faith, that any material on the Services infringes your copyright, please send our Copyright Agent a written notice that includes:

• An electronic or physical signature of the copyright owner or a person authorized to act on the owner's behalf;
• A description of the copyrighted work that you claim has been infringed (or a representative list, if several works are covered by one notice);
• A description of the material you claim is infringing and its location on the Services, such as the game or story URL, with enough information to allow us to locate it;
• Your address, telephone number, and email address;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Copyright Agent. Copyright Agent, Yamstudio, Inc., 2261 Market Street STE 66599, San Francisco, CA 94114; telephone: 520-222-7439; email: hi@yamstudio.ai (subject line: "DMCA Notice").

Counter-notice. If your content was removed and you believe it was removed by mistake or misidentification, you may send our Copyright Agent a counter-notice that includes: (a) your physical or electronic signature; (b) identification of the removed material and where it appeared before removal; (c) a statement under penalty of perjury that you have a good faith belief the material was removed or disabled as a result of mistake or misidentification; (d) your name, address, and telephone number; and (e) a statement that you consent to the jurisdiction of the federal district court for the judicial district where your address is located (or, if your address is outside the United States, any judicial district in which Yamstudio may be found), and that you will accept service of process from the person who provided the original notice or that person's agent. If we receive a valid counter-notice, we may restore the material in ten (10) to fourteen (14) business days unless the original complainant notifies us that it has filed a court action seeking to restrain the alleged infringement.

Repeat infringers. We terminate, in appropriate circumstances, the Accounts of users who are repeat infringers.

Misrepresentations. Under 17 U.S.C. § 512(f), anyone who knowingly materially misrepresents that material is infringing, or that it was removed by mistake, may be liable for damages.

Other rights complaints. To report trademark infringement, right-of-publicity or privacy violations, or other complaints that are not copyright claims, email hi@yamstudio.ai with the details of your claim.

16. Disclaimer of Warranties and Limitation of Liability

THE SERVICES AND ALL AI OUTPUT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, AND NON-INFRINGEMENT. YAMSTUDIO MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF AI OUTPUT, USER GENERATED CONTENT, OR THE CONTENT OF ANY SITES LINKED TO THE SERVICES, AND DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL YAMSTUDIO, ITS AFFILIATES, OR THEIR SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES) ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME.

IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT YAMSTUDIO IS LIABLE FOR DAMAGES, IN NO EVENT WILL ITS AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE GREATER OF (I) THE TOTAL AMOUNTS PAID BY YOU TO YAMSTUDIO DURING THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM OR (II) ONE HUNDRED U.S. DOLLARS (US $100).

NOTHING IN THIS AGREEMENT LIMITS OR EXCLUDES LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW, INCLUDING ANY RIGHTS YOU HAVE UNDER CONSUMER PROTECTION OR AI-SAFETY LAWS THAT CANNOT BE WAIVED BY CONTRACT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

17. Indemnification

To the extent permitted by law, you agree to indemnify, defend, and hold harmless Yamstudio and its officers, directors, employees, and agents (the "Indemnified Parties") from and against any third-party claims, and related losses, damages, and reasonable attorneys' fees, arising out of (i) your misuse of the Services; (ii) your breach or violation of this Agreement; (iii) your violation of any law or the rights of any third party; or (iv) any User Generated Content or Inputs submitted by you or through your Account, including to the extent such content infringes the intellectual property rights of a third party. Yamstudio may assume the exclusive defense and control of any matter otherwise subject to your indemnification, and you will cooperate with our defense. You will not settle any claim or matter without the prior written consent of Yamstudio.

18. Dispute Resolution – Arbitration & Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS AND GOVERNS HOW YOU AND YAMSTUDIO CAN BRING CLAIMS AGAINST EACH OTHER. THIS SECTION WILL, WITH LIMITED EXCEPTION, REQUIRE YOU AND YAMSTUDIO TO SUBMIT CLAIMS AGAINST EACH OTHER TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS.

Informal Resolution First. Before either party starts arbitration, it must send the other a written Notice of Dispute describing the claim and the relief requested. A notice to Yamstudio should be sent to hi@yamstudio.ai or by mail to Yamstudio, Inc., 2261 Market Street STE 66599, San Francisco, CA 94114. If the matter remains unresolved for thirty (30) days after the notice is received, either party may begin arbitration.

Binding Arbitration. You and Yamstudio agree that any dispute, claim or controversy arising out of or relating to this Agreement or to your use of the Services (collectively, "Disputes") will be settled by binding arbitration, except that (i) either party may bring an individual claim in small claims court, for so long as it remains there on an individual basis, and (ii) each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights. This means that you and Yamstudio both agree to waive the right to a trial by jury.

Class Action Waiver. You and Yamstudio agree that any proceedings to resolve Disputes will be conducted on an individual basis and not in a class, consolidated, collective, or representative action. Unless you and Yamstudio agree otherwise in writing, the arbitrator may not consolidate more than one person's claims and may not preside over any form of class action proceeding. If a court decides that applicable law precludes enforcement of this waiver as to a particular claim or request for relief (such as public injunctive relief), that claim or request will be severed from the arbitration and brought in the courts described in Section 19, and stayed until the individual arbitration is complete.

Arbitration Administration and Rules. The arbitration will be administered by JAMS under its Streamlined Arbitration Rules and Procedures for claims under $250,000 (excluding attorneys' fees and interest) and its Comprehensive Arbitration Rules and Procedures for other claims, in each case as modified by the JAMS Consumer Arbitration Minimum Standards and this Section. The JAMS rules are available at jamsadr.com. If JAMS is not available, the parties will agree on an alternative arbitral forum. The Federal Arbitration Act governs the interpretation and enforcement of this Section.

Arbitration Location and Procedure. You may choose to have the arbitration conducted by telephone or video, based on written submissions, or in person in the county where you live or at another mutually agreed location. The arbitrator has exclusive authority to resolve any dispute about the interpretation, applicability, enforceability, or formation of this arbitration agreement, except that a court will decide disputes about the Class Action Waiver and the Mass Arbitration paragraph below. The arbitrator may award any individual relief available in court and will issue a written, reasoned decision. Judgment on the award may be entered in any court having jurisdiction.

Fees. Payment of filing, administrative, and arbitrator fees will be governed by the JAMS rules and the JAMS Consumer Arbitration Minimum Standards, under which Yamstudio pays all such fees other than the consumer filing fee those rules require.

Mass Arbitration. If twenty-five (25) or more similar demands for arbitration are submitted against Yamstudio by or with the help of the same or coordinated counsel or entities, they will be administered in batches of no more than fifty (50) demands, with one batch resolved before the next begins, and the statute of limitations will be tolled for claims waiting to be filed. A court of competent jurisdiction may enforce this paragraph.

30-Day Right to Opt Out. You may opt out of this arbitration agreement by emailing hi@yamstudio.ai within thirty (30) days after you first become subject to it. Your notice must include your name, address, the email address or phone number associated with your Account, and a clear statement that you want to opt out. Opting out does not affect any other part of this Agreement.

Changes and Survival. If we make a material change to this Section, you may reject the change by emailing us within thirty (30) days of the change, in which case the most recent version you accepted will continue to apply. If any part of this Section is found unenforceable, that part will be severed and the rest will remain in effect, except that if the Class Action Waiver is found unenforceable as to all claims, this entire arbitration agreement will be void. This Section survives termination of this Agreement.

19. Governing Law

Except as provided in Section 18 or expressly provided in writing otherwise, this Agreement and your use of the Services will be governed by, and construed under, the laws of the State of California, without regard to choice of law principles. Except as provided in Section 18, the exclusive venue for any Dispute not subject to arbitration is the state and federal courts located in San Francisco, California, and each party consents to personal jurisdiction there. If you are a consumer in the EU, EEA, or UK, you also keep the protection of the mandatory laws of your country of residence and may bring claims in your local courts.

20. Apple and Google App Store Terms

Apple. If you downloaded an App from the Apple App Store, the following applies in addition to this Agreement: (a) this Agreement is between you and Yamstudio only, not Apple, and Yamstudio, not Apple, is solely responsible for the App and its content; (b) your license to the App is limited to use on Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, except that the App may be accessed by other accounts associated with you through Family Sharing or volume purchasing; (c) Apple has no obligation to provide any maintenance or support for the App; (d) if the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the App (if any) to you; to the maximum extent permitted by law, Apple has no other warranty obligation for the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to a warranty are Yamstudio's responsibility; (e) Yamstudio, not Apple, is responsible for addressing any claims by you or a third party relating to the App or your possession or use of it, including product liability claims, claims that the App fails to conform to legal or regulatory requirements, and claims under consumer protection, privacy, or similar laws; (f) if a third party claims that the App or your possession and use of it infringes their intellectual property rights, Yamstudio, not Apple, is solely responsible for the investigation, defense, settlement, and discharge of that claim; (g) you represent that you are not located in a country subject to a U.S. Government embargo or designated as "terrorist supporting," and that you are not on any U.S. Government list of prohibited or restricted parties; (h) you must comply with applicable third-party terms (such as your wireless data service agreement) when using the App; (i) questions, complaints, or claims about the App should be sent to Yamstudio at the contact information in Section 26; and (j) Apple and its subsidiaries are third-party beneficiaries of this Agreement and, once you accept this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary.

Google. If you downloaded an App from Google Play, you acknowledge that this Agreement is between you and Yamstudio only, not Google, and that your use of the App is also subject to the Google Play Terms of Service. Google is not responsible for the App or its content.

21. No Agency; No Employment

No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement.

22. General Provisions

Failure by Yamstudio to enforce any provision of this Agreement will not be construed as a waiver of any provision or right. This Agreement constitutes the complete and exclusive agreement between you and Yamstudio with respect to its subject matter, and supersedes any prior agreements or communications on that subject. Except for the Class Action Waiver in Section 18, if any provision is found to be partially or wholly invalid, illegal or unenforceable, (i) it will be modified to the extent necessary to render it valid, legal, and enforceable or, (ii) if it cannot be so modified, it will be excised from this Agreement without affecting the remaining provisions. This Agreement may not be assigned or transferred by you without our prior written approval. We may assign or transfer this Agreement without your consent, including to a parent or subsidiary, to an acquirer of assets, or to any other successor or acquirer. Any assignment in violation of this section is null and void. You may not use the Services if you are located in, or are a resident of, a country subject to comprehensive U.S. sanctions, or if you are on any U.S. government list of restricted parties.

23. Changes to this Agreement and the Services

We may change this Agreement from time to time. If we make material changes, we will notify you by email or phone to the contact information on your Account and/or by a prominent notice in the Services with reasonable advance notice (generally at least fifteen (15) days) before the changes take effect, except for changes required by law or made for safety reasons, which may take effect immediately. If you continue to use the Services after the changes take effect, you accept the revised Agreement, except where applicable law requires your express agreement to a change, in which case we will obtain it before applying that change to you. For other material changes, we will ask you to accept the revised Agreement before you continue using the Services on the Site and in the Apps. Continued use alone does not replace any separate consent required by applicable law for processing or sharing your personal data. Changes to Section 18 remain subject to the rights described in that Section. If any change is unacceptable to you, you must stop using the Services and may delete your Account.

24. No Rights of Third Parties

Except for Apple's rights as a third-party beneficiary described in Section 20, none of the terms of this Agreement are enforceable by any persons who are not a party to this Agreement.

25. Notices and Consent to Receive Notices Electronically

You consent to receive any agreements, notices, disclosures and other communications (collectively, "Notices") to which this Agreement refers electronically, including by email, by text message to the phone number on your Account, or by posting Notices in the Services. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing.

26. Contacting Us

If you have any questions about this Agreement or the Services, please contact us by email at hi@yamstudio.ai, or by mail to Yamstudio, Inc., 2261 Market Street STE 66599, San Francisco, CA 94114.