Terms of Use (EULA)

Agreement to Terms

By accessing and using Thumbkiss, you agree to be bound by these Terms and Conditions. If you disagree with any part of these terms, you may not use our service.

Description of Service

Thumbkiss is a mobile application designed to help couples stay connected through various features including messaging, photo sharing, drawing, music sharing, and relationship tracking. Thumbkiss also offers optional features powered by artificial intelligence ("AI Features"), including AI image generation and an AI-assisted "Conflict Solver" tool, which may require the use of virtual credits ("Credits") that can be obtained through the app.

User Accounts

Account Creation

To use Thumbkiss, you must create an account by providing a valid email address and creating a password. You are responsible for maintaining the confidentiality of your account credentials.

Account Responsibility

You are responsible for:

• All activities that occur under your account
• Keeping your password secure
• Notifying us immediately of any unauthorized use
• Ensuring your account information is accurate and up to date

Acceptable Use

You agree not to:

• Use the service for any illegal purpose
• Harass, abuse, or harm another person
• Share inappropriate, offensive, or illegal content
• Attempt to gain unauthorized access to the service
• Interfere with or disrupt the service
• Use the service to spam or send unsolicited messages
• Impersonate another person or entity

Content Ownership

Your Content

You retain ownership of all content you share on Thumbkiss. By sharing content, you grant us a license to store and display it to your paired partner.

Our Rights

We reserve the right to remove any content that violates these terms or is otherwise objectionable. We do not claim ownership of your content.

Subscriptions and Payments

Auto-Renewable Subscription Plans

Thumbkiss offers auto-renewable subscription plans that provide access to premium features and enhanced functionality.

Subscription Details:

• Subscription Title: Thumbkiss Premium
• Subscription Length:
  • Monthly subscription: 1 month (renews automatically every month)
  • Yearly subscription: 1 year (renews automatically every year)
• Subscription Price: Current subscription prices are displayed in the app at the time of purchase. Prices may vary by region and are subject to change. Prices are shown in your local currency as determined by the Apple App Store.
• Price per Unit: For yearly subscriptions, the price per month is calculated and displayed in the app to help you compare subscription options.

All subscription plans are auto-renewable subscriptions. Current subscription plans and pricing are displayed in the app and may be updated from time to time. You will be notified of any price changes before they take effect.

Payment Processing

All subscription payments are processed through Apple's App Store. By purchasing a subscription, you agree to Apple's payment terms and conditions. We do not store or have access to your payment card information. Payment processing is handled securely by Apple.

Automatic Renewal

Subscriptions automatically renew at the end of each billing period (monthly or yearly) unless you cancel your subscription at least 24 hours before the renewal date. You can manage and cancel your subscription through your Apple App Store account settings or within the Thumbkiss app settings.

Subscription Cancellation

You may cancel your subscription at any time. Cancellation will take effect at the end of your current billing period. You will continue to have access to premium features until the end of the period you have already paid for. No refunds will be provided for the unused portion of the current billing period, except as required by law or as stated in our refund policy.

Price Changes

We reserve the right to change subscription prices at any time. Price changes will not affect your current subscription period but will apply to subsequent renewal periods. You will be notified of any price changes before they take effect, and you may cancel your subscription if you do not agree to the new pricing.

Refunds

Refund requests are handled through Apple's App Store refund policy. Generally, refunds are available within a limited time period after purchase and are subject to Apple's terms and conditions. For refund requests, please contact Apple Support or use the App Store's refund request process. We do not directly process refunds.

Free Trial

If we offer a free trial period, it will be clearly indicated when you sign up. At the end of the free trial, your subscription will automatically convert to a paid subscription unless you cancel before the trial period ends. You will be charged according to the subscription plan you selected.

Virtual Credits

Nature of Credits

Credits are a limited, revocable license to access certain paid functionality within Thumbkiss, including AI Features. Credits are a virtual, in-app item only. They are not money, have no monetary or cash value, do not constitute property, currency, a stored-value instrument, or any form of financial asset, and cannot be redeemed for cash. Credits are personal to your pairing and are non-transferable, non-exchangeable, and non-assignable, and may not be sold, gifted, traded, bartered, or moved to any other account, pairing, person, or platform.

Purchasing Credits

Credits may be acquired in two ways: (i) as a one-time purchase of an additional Credit pack through the Apple App Store, and/or (ii) as an allotment included with a Thumbkiss Premium subscription. One-time Credit purchases are consumable in-app purchases processed entirely through Apple's App Store. By purchasing Credits, you agree to Apple's payment terms and conditions. We do not store or have access to your payment card information. All prices are displayed in the app at the time of purchase, may vary by region, are subject to change, and are shown in your local currency as determined by the Apple App Store.

How Credits Are Consumed

Credits are consumed (deducted from your balance) when you initiate an action that requires Credits, such as generating an AI image or using an AI Feature. Credits are deducted at the time a request is submitted for processing, and are consumed regardless of whether you are satisfied with the result. Because AI outputs are inherently unpredictable and are produced computationally, you acknowledge and agree that the consumption of Credits pays for the processing of your request and the attempt to generate a result, not for any particular, guaranteed, accurate, complete, useful, or satisfactory outcome. Credits will not be refunded or restored because you dislike, disagree with, or find no value in an output. We may, at our sole and absolute discretion and without obligation, restore Credits in the event of a verified, material technical failure on our side (for example, where our systems fail to return any output at all).

Expiration and Forfeiture of Credits

Credits are tied to your active pairing with your partner. You expressly acknowledge and agree that:

• Pairing-bound: Credits belong to the pairing, not to an individual user. If your pairing ends, is dissolved, is unpaired, or is otherwise terminated for any reason, all remaining Credits associated with that pairing are permanently forfeited and will not be refunded, restored, transferred, or converted to cash.
• Subscription-included Credits: Credits granted as part of a subscription are valid only during the subscription period in which they are granted. Such Credits do not roll over or carry forward; any subscription-included Credits that are unused when the applicable subscription period ends or the subscription lapses, expires, or is cancelled are forfeited without refund or compensation.
• Separately purchased Credits: Credits obtained through a one-time purchase are not tied to a subscription period and remain available in your pairing's balance until consumed, subject in all cases to the pairing-bound forfeiture rule above.

Refunds for Credits

All purchases of Credits are processed by Apple, and any refund is handled exclusively through Apple's App Store refund process and is subject to Apple's terms and conditions. We do not directly sell Credits, do not directly process payments, and cannot issue, control, or guarantee refunds. To request a refund, please use Apple's App Store refund process or contact Apple Support. To the maximum extent permitted by applicable law, purchases of Credits are final, and Credits that have been consumed, expired, or forfeited are non-refundable. Nothing in this section limits any non-waivable statutory refund or withdrawal rights you may have under applicable consumer protection law.

Changes to the Credit System

We reserve the right, at any time and at our sole discretion, to introduce, modify, suspend, or discontinue Credits, Credit packs, pricing, exchange rates, the number of Credits required for any action, and the AI Features that Credits unlock, without liability to you, provided that such changes will not retroactively remove Credits you have already validly purchased through a one-time purchase (subject to the forfeiture and expiration rules above).

AI-Powered Features

Overview

Thumbkiss offers optional AI Features, including but not limited to: (i) AI image generation, which creates images based on prompts, inputs, and/or images you provide; and (ii) an AI-assisted "Conflict Solver," in which paired users each submit their own written perspective on a disagreement and an AI system produces a neutral, mediating summary or suggestion. AI Features are provided as an optional convenience and are powered in whole or in part by third-party artificial intelligence models and service providers.

"As Is" Nature of AI Outputs

AI Features rely on machine-learning systems that generate content computationally and probabilistically. You understand and agree that all outputs produced by AI Features (collectively, "AI Outputs") are provided "as is" and "as available," without warranties of any kind. We do not represent, warrant, or guarantee that AI Outputs will be accurate, reliable, complete, current, lawful, appropriate, original, non-infringing, fit for any particular purpose, or free of errors, bias, or objectionable material. AI Outputs may be inaccurate, misleading, nonsensical, unexpected, offensive, or otherwise inappropriate, and may not reflect real people, facts, or events. You are solely responsible for evaluating, and for any reliance you place on, any AI Output.

Conflict Solver: Not Professional Advice

The Conflict Solver and any related AI Output are provided for general informational and entertainment purposes only and are not a substitute for professional advice. AI Outputs do not constitute, and must not be relied upon as, relationship counseling, couples or marriage therapy, psychological, psychiatric, medical, legal, financial, or any other form of professional advice, and no professional, therapeutic, or fiduciary relationship is created by your use of the feature. The AI is an automated tool with no understanding of your circumstances and does not exercise human judgment. You should not make significant relationship, personal, health, financial, or legal decisions based on AI Outputs. If you are experiencing distress, abuse, a mental-health crisis, or any emergency, you should seek help from a qualified professional or your local emergency services. To the maximum extent permitted by law, we disclaim all liability for any decision made, action taken, or outcome resulting from your use of, or reliance on, the Conflict Solver or any AI Output.

Your Responsibilities When Using AI Features

You represent, warrant, and agree that, in connection with AI Features, you will not:

• Submit any input (including text, prompts, or images) that you do not have all necessary rights, licenses, and permissions to use, or that infringes or misappropriates any intellectual property, privacy, publicity, or other rights of any person or entity;
• Upload or submit images of, or attempt to generate content depicting, any real person without that person's consent, or any identifiable individual in a defamatory, harassing, sexualized, or misleading manner;
• Generate, request, or attempt to generate any content that is illegal, harmful, or that sexualizes, exploits, or endangers minors (which is strictly and absolutely prohibited), or that is hateful, harassing, threatening, defamatory, obscene, sexually explicit, violent, or that promotes self-harm or illegal activity;
• Use AI Features to create misinformation, impersonate others, produce deepfakes intended to deceive, or otherwise use AI Outputs in any unlawful, fraudulent, deceptive, or harmful manner;
• Attempt to reverse engineer, extract, or misuse the underlying AI models, or circumvent any safety, moderation, rate-limiting, or usage controls.

You are solely and fully responsible for your inputs to, and your use and distribution of any output from, the AI Features, and for ensuring that such use complies with all applicable laws and these terms. We reserve the right, but assume no obligation, to monitor, filter, refuse, block, or remove any input or AI Output, and to suspend or terminate access to AI Features, at our sole discretion and without refund of Credits.

Ownership and Rights in AI Outputs

As between you and us, and subject to your compliance with these terms and applicable third-party provider terms, we do not claim ownership of the AI Outputs you generate, and you may use them for your personal, non-commercial use within the intended purpose of the Service. However, you acknowledge that: (i) due to the nature of AI, identical or similar outputs may be generated for other users, and we cannot and do not guarantee that any AI Output is unique to you; (ii) AI Outputs may not be eligible for copyright or other intellectual-property protection in some jurisdictions, and we make no representation regarding the legal status of, or your ability to secure exclusive rights in, any AI Output; and (iii) your rights in any AI Output may be limited by the terms of the third-party AI providers that power the feature. We grant no warranty of title, non-infringement, or fitness with respect to AI Outputs.

Third-Party AI Providers and Availability

AI Features depend on third-party AI models and infrastructure whose availability, performance, terms, and behavior are outside of our control. We may add, change, suspend, degrade, limit, or discontinue any AI Feature, model, or provider at any time, with or without notice, and we do not guarantee that AI Features will be available, uninterrupted, or continue to function in the same manner. We are not responsible for the acts, omissions, outputs, terms, or availability of any third-party AI provider.

Service Availability

We strive to provide reliable service, but we do not guarantee that Thumbkiss will be available at all times. We may experience downtime for maintenance, updates, or unforeseen circumstances.

Termination

We reserve the right to terminate or suspend your account at any time for violations of these terms. You may also delete your account at any time through the app settings.

Disclaimer of Warranties

Thumbkiss, including all Credits and AI Features, is provided "as is" and "as available" without any warranties of any kind, whether express, implied, or statutory, including without limitation any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, or quality. We do not guarantee that the service, the Credits system, or the AI Features will be error-free, secure, uninterrupted, or that any AI Output will meet your expectations or requirements.

Limitation of Liability

To the maximum extent permitted by law, Thumbkiss shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, data, goodwill, Credits, or opportunity, resulting from your use of or inability to use the service, including the Credits system and the AI Features.

Without limiting the foregoing, and to the maximum extent permitted by applicable law, we shall not be liable for: (i) any AI Output, or any decision, action, reliance, harm, dispute, or outcome arising from or related to any AI Output, including outputs of the Conflict Solver; (ii) the accuracy, legality, originality, or appropriateness of any AI Output; (iii) the loss, expiration, forfeiture, or non-refund of Credits; or (iv) any act, omission, interruption, or discontinuation of any third-party AI provider, payment processor, or other third-party service.

To the maximum extent permitted by applicable law, our total aggregate liability arising out of or relating to the service, the Credits, or the AI Features shall not exceed the greater of (a) the amount you actually paid to Apple for the specific Credits or subscription giving rise to the claim in the three (3) months preceding the event giving rise to liability, or (b) ten U.S. dollars (US$10.00). Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

Third-Party Services

Thumbkiss integrates with third-party services, and your use of these services is subject to their respective terms and conditions:

• Firebase (Google LLC): Used for data storage and backend services
• Spotify: Used for music sharing features (optional integration)
• Apple App Store: Used for subscription and Credit payment processing. All subscription and Credit purchases and payments are subject to Apple's Terms and Conditions and App Store Review Guidelines
• Third-Party AI Providers: Used to power the AI Features (such as AI image generation and the Conflict Solver). Your inputs to AI Features may be transmitted to and processed by these providers to generate outputs, subject to their respective terms and policies

We are not responsible for the availability, functionality, or terms of these third-party services. Any issues with third-party services should be directed to the respective service provider.

Changes to Terms

We reserve the right to modify these terms at any time. We will notify you of any changes by posting the new terms on this page. Continued use of the service after changes constitutes acceptance of the new terms.

Governing Law

These terms shall be governed by and construed in accordance with applicable laws, without regard to conflict of law provisions.

Contact Information

For questions about these Terms & Conditions, please contact us through the Help page.