Terms and Conditions

Last Updated: November 26, 2025

1. Acceptance of Terms

By accessing or using Tamagoochi ("the Service"), you agree to be bound by these Terms and Conditions. If you do not agree to these terms, you must not use the Service.

2. Generative AI Disclaimer

2.1 Use of Artificial Intelligence

Tamagoochi utilizes generative artificial intelligence technology, specifically Google Gemini AI, to power virtual pet interactions, conversations, and behaviors. This AI generates responses in real-time based on user inputs and interactions.

2.2 No Responsibility for AI-Generated Content

WE ARE NOT RESPONSIBLE FOR ANY CONTENT GENERATED BY THE AI. This includes but is not limited to:

• Inappropriate, offensive, or harmful content
• Inaccurate, misleading, or false information
• Content that violates intellectual property rights
• Any other unintended or unexpected outputs

The AI operates autonomously and may produce unpredictable results. Users interact with the AI at their own risk.

2.3 Parental Responsibility

Parents and guardians are solely responsible for monitoring their children's use of this Service. While we implement content filters, AI-generated content cannot be guaranteed to be appropriate for all ages.

3. Third-Party Services and Data Sharing

3.1 Reliance on Third-Party APIs

Tamagoochi is fundamentally dependent on third-party service providers, including but not limited to:

• Google Gemini AI for content generation
• Cloud hosting providers
• Other API providers for various features

3.2 Data Transmission to Third Parties

YOUR DATA WILL BE SENT TO THIRD-PARTY API PROVIDERS. By using this Service, you acknowledge and consent that:

• Your conversations, inputs, images, and other data are transmitted to Google Gemini and other third-party services
• These third parties have their own privacy policies and terms of service
• We cannot control how these third parties process, store, or use your data
• You should review the privacy policies of these third-party providers

3.3 No Control Over Third-Party Services

We have no control over the availability, reliability, or continuity of third-party services. These providers may:

• Change their terms of service
• Modify or discontinue their APIs
• Experience outages or technical issues
• Cease operations entirely

4. Service Availability and Termination

4.1 No Guarantee of Service Continuity

THIS SERVICE CAN BE STOPPED, SUSPENDED, OR TERMINATED AT ANY TIME, FOR ANY REASON, WITHOUT NOTICE OR LIABILITY. Reasons for service termination may include but are not limited to:

• Third-party service providers (such as Google Gemini) ceasing their services
• Changes to third-party API pricing or terms that make the Service economically unviable
• Technical issues or infrastructure problems
• Business decisions to discontinue the Service
• Legal or regulatory requirements
• Force majeure events

4.2 Dependency on Google Gemini

The Service is entirely dependent on Google Gemini AI. If Google:

• Terminates or suspends Gemini services
• Changes pricing that makes continued operation infeasible
• Modifies terms that prevent our use of their service
• Experiences extended outages

THERE IS NOTHING WE CAN DO. The Service will be unavailable, and we bear no responsibility for such circumstances.

4.3 No Guarantee of Data Preservation

While we make reasonable efforts to preserve user data, we cannot guarantee data availability or recovery in the event of service termination. Users should not rely on this Service as the sole repository for any important information.

5. Payments and Subscriptions

5.1 Purpose of Payments

Any payments made to Tamagoochi are to help cover the costs of third-party AI services, hosting, and infrastructure. Payments do not guarantee any level of service or availability.

5.2 No Refunds Policy

ALL PAYMENTS ARE FINAL. THERE ARE ABSOLUTELY NO REFUNDS UNDER ANY CIRCUMSTANCES. This includes but is not limited to:

• Service outages or unavailability
• Dissatisfaction with AI-generated content
• Third-party service failures
• Permanent termination of the Service
• Changes to features or functionality
• Any other reason whatsoever

5.3 Payment at Your Own Risk

ANY AND ALL PAYMENTS ARE MADE AT YOUR OWN RISK. By making a payment, you acknowledge that:

• You understand the Service may be terminated at any time
• You accept the risk that Google Gemini or other providers may cease their services
• You will not receive a refund under any circumstances
• Your payment helps cover AI costs, which are variable and unpredictable
• Future availability of the Service is not guaranteed

5.4 No Guarantee of Service

PAYMENTS DO NOT GUARANTEE SERVICE AVAILABILITY OR QUALITY. Because we rely on Google Gemini and other third-party providers:

• They can switch off or cease their services at any time
• We have no control over their operations
• We cannot guarantee the Service will function as expected
• We cannot guarantee the Service will be available for any minimum period of time

6. User Responsibilities

Users agree to:

• Use the Service at their own risk
• Not rely on the Service for any critical or important purposes
• Not use the Service for illegal activities
• Accept full responsibility for their interactions with the AI
• Not attempt to circumvent technical limitations or abuse the Service
• Supervise minors using the Service

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• WE ARE NOT LIABLE FOR ANY DAMAGES ARISING FROM USE OF THE SERVICE
• WE ARE NOT LIABLE FOR AI-GENERATED CONTENT OR BEHAVIORS
• WE ARE NOT LIABLE FOR THIRD-PARTY SERVICE FAILURES
• WE ARE NOT LIABLE FOR DATA LOSS OR SERVICE INTERRUPTIONS
• WE ARE NOT LIABLE FOR ANY PAYMENTS MADE TO US
• OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID IN THE LAST 30 DAYS

8. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• MERCHANTABILITY
• FITNESS FOR A PARTICULAR PURPOSE
• NON-INFRINGEMENT
• ACCURACY OR RELIABILITY
• CONTINUOUS AVAILABILITY

9. Indemnification

You agree to indemnify and hold harmless Tamagoochi, its operators, and affiliates from any claims, damages, or expenses arising from:

• Your use of the Service
• Your interactions with the AI
• Your violation of these Terms
• Your violation of any third-party rights

10. Changes to Terms

We reserve the right to modify these Terms at any time without notice. Continued use of the Service after changes constitutes acceptance of the modified Terms.

11. Governing Law

These Terms shall be governed by and construed in accordance with applicable laws. Any disputes shall be resolved in the courts having jurisdiction over our business location.

12. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.

13. Contact

For questions about these Terms, please contact us through our Contact page.