Terms of Service

Jan 1, 2026

1. Introduction and Acceptance

Plain English Breakdown:

  • Who we are: We are Numeric Machines, a US company based in Campbell, CA.

  • The Deal: By using ZAPPY, you agree to these rules. If you don't agree, you can't use the app.

  • Changes: We might update these rules. If we make big changes, we’ll let you know 30 days in advance.

1.1 Parties

These Terms of Service ("Terms") constitute a binding legal agreement between you ("User," "You," or "Creator") and Numeric Machines, located at 1140 Dell Ave, Campbell 95008, USA ("Company," "ZAPPY," "We," "Us," or "Our").

1.2 Acceptance

By creating an account, accessing, downloading, or using the ZAPPY mobile application, website, or related services (collectively, the "Service"), you expressly acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.

1.3 Modifications

Numeric Machines reserves the right, at its sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. Your continued use of the Service following the posting of any changes constitutes acceptance of those changes.

2. Eligibility and Account Registration

Plain English Breakdown:

  • Age Limit: You must be at least 13 years old. If you are under 18, you need a parent’s permission.

  • Europe/UK: You generally need to be at least 16 to use the app in Europe.

  • Security: Keep your password safe; you are responsible for your account.

2.1 Minimum Age

You represent and warrant that you are at least 13 years of age (or the minimum age of digital consent in your country of residence, if higher). If you are under 18 years of age (or the age of legal majority where you live), you may only use the Service with the valid consent and supervision of your parent or legal guardian.

2.2 EEA/UK Users

If you are a resident of the European Economic Area (EEA) or the United Kingdom, you represent that you are at least 16 years of age, or such lower age as established by your country's laws, to consent to the processing of your personal data.

2.3 Prohibited Persons

You are prohibited from using the Service if: (a) you have previously been suspended or removed from the Service by Numeric Machines; (b) you are a convicted sex offender; or (c) you are located in a country subject to comprehensive US government sanctions.

2.4 Account Security

You are responsible for maintaining the confidentiality of your account credentials. You agree to notify us immediately of any unauthorized use of your account. Numeric Machines is not liable for any loss or damage arising from your failure to protect your password.

3. Nature of Service and AI Disclaimers

Plain English Breakdown:

  • It's Just AI: The characters are Artificial Intelligence, not real people.

  • Mistakes Happen: The AI might "hallucinate" (make things up). Don't believe everything it says.

  • Not Advice: Do not use ZAPPY for medical, legal, or financial advice.

  • Entertainment Only: This app is for fun. Treat it like a video game or a movie.

3.1 Artificial Intelligence

You acknowledge that you are interacting with an Artificial Intelligence (AI) system. The Service uses probabilistic models to generate text ("Output"). These models may produce content that is inaccurate, offensive, nonsensical, or legally incorrect ("Hallucinations").

3.2 NO RELIANCE

THE SERVICE IS PROVIDED FOR ENTERTAINMENT PURPOSES ONLY. YOU AGREE THAT:

(a) ZAPPY IS NOT A SUBSTITUTE FOR PROFESSIONAL ADVICE (MEDICAL, LEGAL, FINANCIAL, OR THERAPEUTIC).

(b) YOU WILL NOT RELY ON ANY OUTPUT AS A SOLE SOURCE OF FACTUAL INFORMATION.

(c) NUMERIC MACHINES DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY OUTPUT.

3.3 Risk Assumption

You assume full responsibility and risk for your use of the Output. Numeric Machines expressly disclaims any liability for actions taken by you or third parties based on information provided by the Service.

4. User Content and Ownership

Plain English Breakdown:

  • You Own It: You own the characters and chats you create.

  • We Use It: By putting it on ZAPPY, you give us permission (a "License") to show it, host it, and let others chat with it.

  • AI Training: We can use your chats to teach our AI how to talk better.

  • Our Stuff: We own the app code, the "ZAPPY" name, and the AI technology.

4.1 Ownership

As between you and Numeric Machines, you retain all ownership rights in the text, character descriptions, images, and other material you submit to the Service ("User Content").

4.2 License Grant to Numeric Machines

By submitting User Content, you hereby grant to Numeric Machines a non-exclusive, worldwide, royalty-free, fully paid-up, transferable, sublicensable, perpetual, and irrevocable license to copy, display, upload, perform, distribute, store, modify, and otherwise use your User Content in connection with the operation, promotion, and improvement of the Service.

4.3 AI Training Consent

You explicitly grant Numeric Machines the right to use your User Content (including chat logs and character definitions) to train, tune, and improve our artificial intelligence models and algorithms. You acknowledge that this use is integral to the Service.

4.4 Company IP

Numeric Machines retains all rights, title, and interest in and to the Service, including but not limited to the ZAPPY™ trademark, source code, look and feel, and underlying AI models (excluding your specific User Content).

5. Acceptable Use and Safety

Plain English Breakdown:

  • Be Nice: Don't bully, harass, or threaten anyone.

  • Child Safety: ZERO TOLERANCE for sexual content involving minors or characters that look like minors ("Minor-Coded"). We will ban you instantly.

  • No Hacking: Don't try to break the app or steal our code.

  • No Deepfakes: Don't use the app to fake real people's voices or likenesses without permission.

5.1 Prohibited Content

You agree not to create, upload, generate, or distribute content that:

(a) Child Safety: Depicts, describes, or promotes sexual abuse or exploitation of children; or depicts "Minor-Coded Characters" (characters described or visually depicted as under 18) in a sexual, suggestive, or inappropriate manner, regardless of any textual disclaimer stating the character is "aged up."

(b) Illegal Acts: Violates any applicable local, state, national, or international law.

(c) Harassment: Is defamatory, obscene, pornographic, offensive, hateful, or promotes discrimination or violence.

(d) Infringement: Infringes upon the intellectual property, privacy, or publicity rights of any third party (including "Deepfakes" of real persons without consent).

5.2 Technical Restrictions

You may not:

(a) Reverse engineer, decompile, disassemble, or attempt to discover the source code or underlying components of models of the Service.

(b) Use the Service to develop a competing foundation model or AI service.

(c) Use automated scripts, bots, or scrapers to access or collect data from the Service.

6. Liability and Indemnification

Plain English Breakdown:

  • We Aren't Liable: If the app breaks, or the AI upsets you, we are not responsible for damages.

  • The Limit: The most we will ever pay you for any problem is $100.

  • You Pay Us: If you get us sued (like if you upload a copyrighted superhero character), you have to pay our legal bills.

6.1 Indemnification

You agree to defend, indemnify, and hold harmless Numeric Machines, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with: (a) your access to or use of the Service; (b) your User Content; or (c) your violation of these Terms.

6.2 DISCLAIMER OF DAMAGES

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NUMERIC MACHINES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

6.3 LIABILITY CAP

IN NO EVENT SHALL NUMERIC MACHINES' AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100.00) OR THE AMOUNT YOU PAID NUMERIC MACHINES, IF ANY, IN THE LAST SIX MONTHS.

7. Dispute Resolution

Plain English Breakdown:

  • No Court: If we have a dispute, we go to private arbitration, not a judge or jury.

  • No Class Actions: You can only sue us as an individual. You cannot join a group lawsuit.

  • Location: Any legal talks happen in Santa Clara County, California.

7.1 Binding Arbitration

Any dispute, controversy, or claim arising out of or relating to these Terms or the Service shall be settled by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules.

7.2 Class Action Waiver

YOU AND NUMERIC MACHINES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

7.3 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. The venue for any disputes not subject to arbitration shall be the state and federal courts located in Santa Clara County, California.