Terms of Service

01

Accepting these terms

These Terms of Service (“Terms”) are an agreement between you and Nodogames, LLC (“Nodogames, LLC,” “we,” “us,” or “our”) and govern your use of the Couchparty AI mobile application and related services (collectively, the “App”).

By tapping “Agree and continue” in the App, you affirmatively agree to these Terms and acknowledge our Privacy Policy. By otherwise accessing or using the App, you also agree to these Terms. If you do not agree, do not use the App.

02

Eligibility

You must be at least 13 years old to use the App. If you are under the age of majority where you live, you may use the App only with permission from a parent or legal guardian who agrees to these Terms on your behalf.

You may not use the App if doing so would violate applicable law or if we have previously suspended or terminated your access for violating these Terms.

03

The service

Couchparty is an entertainment app that lets you select television shows or movies and fictional AI companions, then participate by text or voice in an AI-generated group conversation about what you are watching.

The AI companions do not see or hear what you are watching and do not access your actual playback or streaming service. Their replies are generated from the title and episode you select, available program context, and the conversation. Couchparty does not provide programming, streaming access, or rights to any show or movie. You are responsible for obtaining lawful access to the content you watch.

04

AI-generated content

The App uses artificial intelligence to generate messages and other content (“AI Output”). Because AI systems are probabilistic, AI Output may be inaccurate, incomplete, outdated, repetitive, unexpected, or offensive. It may also invent details about a show or movie or reveal information you consider a spoiler.

AI Output is provided for entertainment only. Do not rely on it as factual information or as legal, medical, financial, safety, or other professional advice. Use your own judgment and consult a qualified professional when appropriate.

To the extent we have rights in AI Output generated for you, we grant you a limited, non-exclusive license to use and share that AI Output for personal, non-commercial purposes, subject to these Terms. This license does not grant you rights in third-party names, marks, characters, artwork, or other material that AI Output may reference or include. AI Output may not be unique, and other users may receive the same or similar output. We do not represent that AI Output is copyrightable, exclusive, or non-infringing. You are responsible for ensuring that your use of AI Output complies with applicable law and third-party rights.

You may report concerning AI Output using any reporting feature made available in the App or by contacting us. Your reports can help us improve safeguards and investigate misuse.

05

Acceptable use

You agree not to use the App to:

• Break any law, regulation, or third-party right
• Generate, request, or share content that exploits children; promotes violence, self-harm, harassment, hate, sexual abuse, or illegal activity; or meaningfully facilitates fraud or deception
• Impersonate another person or misrepresent AI Output as a real person’s words
• Probe, disrupt, overload, circumvent, or gain unauthorized access to the App or its connected systems
• Copy, scrape, reverse engineer, resell, or commercially exploit the App except where applicable law expressly permits it
• Introduce malware or use automated means to abuse the service

We may investigate suspected misuse and take reasonable steps to protect the App, our service providers, users, and others.

06

Your content

You retain any rights you have in content you submit to the App, including typed messages, speech and audio, transcripts of what you say, show requests, custom companion names and descriptions, and other material you provide (“Your Content”). You give us a limited, worldwide, non-exclusive license to host, process, transmit, and display Your Content only as needed to operate, secure, and troubleshoot the App and to enforce these Terms.

You are responsible for Your Content and must have the rights needed to submit it. Do not type or say passwords, financial information, health information, government identifiers, or other sensitive personal information in the App.

Our handling of Your Content and other information is described in our Privacy Policy.

07

Ownership

The App—including its software, design, branding, graphics, other materials, and our prebuilt companion names, personalities, and associated artwork—is owned by Nodogames, LLC or its licensors and is protected by intellectual property laws. This does not include custom companion names or descriptions you provide, which are Your Content under Section 6. Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable license to use the App for personal, non-commercial entertainment.

Show and movie titles, characters, artwork, streaming services, networks, and other third-party names or marks belong to their respective owners. Their appearance or mention in the App does not imply sponsorship, endorsement, or affiliation unless we expressly say otherwise.

08

Third-party services

The App relies on third-party services, including Anthropic’s Claude API to generate AI Output, ElevenLabs to transcribe speech and generate spoken replies in voice mode, and RevenueCat to manage subscriptions. Those services may be governed by their own terms and privacy practices. We are not responsible for third-party services or content that we do not control. Our Privacy Policy describes the information these providers process for us.

If you download the iOS application through the Apple App Store, your license to use that application is separately governed by Apple’s Standard EULA. These Terms govern the Couchparty services and supplement the Standard EULA with additional rules for using the licensed iOS application. If the Standard EULA conflicts with these Terms about your license to use the iOS application, the Standard EULA controls to the extent of that conflict. Otherwise, these Terms govern your relationship with Nodogames, LLC. Your use of the App Store or another app marketplace is also subject to that marketplace’s terms.

09

Subscriptions and billing

Couchparty is free to download. Some features require Couchparty Pro, an optional paid subscription sold as an in-app purchase through Apple. The plans, their lengths, and their prices are shown in the app before you buy, in the currency of your App Store storefront. Prices differ by country and can change; the price shown in the app at the moment you subscribe is the one that applies.

Cancelling

You can cancel at any time in the Settings app on your device, under your name and then Subscriptions. Cancelling stops future renewals. Your subscription stays active for the rest of the period you already paid for, and Pro features stop when that period ends. Deleting the app does not cancel a subscription.

Payment, refunds, and price changes

Apple processes every payment and determines refund eligibility under its policies and applicable law. Some purchases may qualify for a refund, and eligibility may vary by country or region. We cannot issue refunds for purchases processed by Apple. You can submit a refund request to Apple through reportaproblem.apple.com, and Apple decides each request.

We may change subscription prices or what a plan includes. A price increase does not take effect for an existing subscription until Apple has notified you and, where Apple requires it, you have agreed to the new price. If you do not agree, you can cancel before the change takes effect.

Introductory offers, including free trials, and any promotional, offer-code, or win-back offers are described in the app or with the offer when they are made available. Unless the displayed offer terms say otherwise, a trial or discounted offer automatically renews at the standard subscription price when the offer period ends, and cancelling before it renews avoids the next charge. Each person may redeem only one introductory offer per subscription group. Eligibility and redemption limits for promotional offers, offer codes, and win-back offers are governed by Apple’s rules and the terms displayed with the specific offer.

If you buy a subscription, restoring it on another device you own is done with the restore option in the app, using the same Apple Account that made the purchase.

10

Service availability and changes

We may add, change, suspend, or discontinue features or the App as a whole. The App may occasionally be unavailable because of maintenance, technical failures, third-party outages, legal requirements, or other events beyond our control.

We do not promise that any feature or AI companion will always be available, that the App will work on every device, or that AI Output will be saved or remain accessible.

11

Suspension and termination

You may stop using and uninstall the App at any time. We may suspend or terminate your access if we reasonably believe you violated these Terms, created risk or legal exposure, or used the App in a way that could harm the service or others.

Terms that by their nature should continue after termination—including ownership, disclaimers, limitations of liability, and general legal terms—will remain in effect.

12

Disclaimers

To the fullest extent permitted by law, the App and AI Output are provided “as is” and “as available.” Nodogames, LLC disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, availability, and security.

Some jurisdictions do not allow certain warranty exclusions, so some of the above may not apply to you. Nothing in these Terms excludes rights that cannot lawfully be excluded.

13

Limitation of liability

To the fullest extent permitted by law, Nodogames, LLC and its owners, affiliates, licensors, and service providers will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, data, goodwill, or use, arising from or related to the App or these Terms.

To the fullest extent permitted by law, our total liability for all claims arising from or related to the App or these Terms will not exceed the greater of the amount you paid us to use the App during the 12 months before the event giving rise to the claim or 50 US dollars.

These limitations apply regardless of the legal theory and even if we were advised that damages were possible. They do not limit liability that cannot be limited by law.

14

General terms

Changes to these Terms

We may update these Terms when the App, our practices, or applicable law changes. We will post the revised Terms here and update the effective date. If a change materially affects your rights, we will provide additional notice when required. Your continued use of the App after updated Terms take effect means you accept them.

Governing law

These Terms and any dispute arising out of or relating to them or the App are governed by the laws of the State of Delaware and applicable United States federal law, without regard to conflict-of-law principles. Except where applicable law requires otherwise, you and Nodogames, LLC consent to the exclusive personal jurisdiction and venue of the state courts of competent jurisdiction in Delaware and the United States District Court for the District of Delaware.

If consumer-protection or other non-waivable law where you live gives you the right to rely on the laws of another jurisdiction or to bring a claim elsewhere, this section does not limit those rights, and those mandatory protections continue to apply.

Entire agreement

These Terms, together with Apple’s Standard EULA where it applies as described in Section 8, are the entire agreement between you and Nodogames, LLC regarding the licensed iOS application and Couchparty services. Our Privacy Policy describes our data practices. If any provision is found unenforceable, the remaining provisions will remain in effect. Our failure to enforce a provision is not a waiver. You may not transfer your rights under these Terms without our consent; we may transfer ours as part of a merger, acquisition, reorganization, or sale of assets.