Terms of Use

digitalsoul.chat Terms of Service
Last Updated: April 13, 2026

These Terms of Service are an agreement formed between you and ITMATTER Inc. They cover the website available at digitalsoul.chat (the “Website”), and the digitalsoul.chat mobile application (the “App”). In these Terms, we’ll sometimes refer to ITMATTER Inc. as “digitalsoul.chat,” “Company,” “we,” or “us.” We’ll refer to our Website and App, together with any content, tools, features and functionality offered on or through them, as the “Services.”

These Terms govern your access to and use of the Services. Please read them carefully. By accessing or using the Services, you’re agreeing to these Terms. If you don’t understand or agree to these Terms, please don’t use the Services.

In these Terms, “you” and “your” means you as the user of the Services. If you use the Services on behalf of a company or other entity, then “you” includes you and that entity, and you represent and warrant that (a) you are an authorized representative of the entity with the authority to bind the entity to these Terms, and (b) you agree to these Terms on the entity’s behalf.

NOTE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER. By agreeing to these Terms, you agree to resolve all disputes with us through binding individual arbitration in Ontario, Canada. You waive any right to have those disputes decided by a judge or jury, and you waive your right to participate in class actions.

Use of the Services

Your Registration Obligations. When you register, you agree to provide accurate and complete information. If you are under 13 years old, or if you are an EU/UK citizen or resident under 16 years old, you are not authorized to use the Services.

Member Account, Password and Security. You are responsible for all activities that occur under your account. You agree to immediately notify ITMATTER Inc. of any unauthorized use of your account. ITMATTER Inc. will not be liable for any loss or damage arising from your failure to comply with this security obligation.

General Practices Regarding Use and Storage. You acknowledge that ITMATTER Inc. may establish general practices and limits concerning use of the Services, including maximum data retention periods and storage space. ITMATTER Inc. has no responsibility or liability for the deletion or failure to store any data or Content. We reserve the right to terminate accounts that are inactive for an extended period.

Resource Abuse and System Integrity. You agree not to use the Services in any manner that could damage, disable, overburden, or impair the Company’s infrastructure. This includes, but is not limited to, the use of automated systems to elicit Generations at a rate that exceeds human capability, or any activity that places an excessive load on the Company’s GPU clusters and server hardware. ITMATTER Inc. reserves the right to throttle, suspend, or terminate access for any user determined, in the Company’s sole discretion, to be abusing system resources.

Conditions of Use

User Conduct. In addition to agreeing to comply with our Community Guidelines, which are incorporated herein, you agree to comply with the following conditions in using the Services.
You are solely responsible for all Content you submit to the Services. (When we say “Content you submit” and similar terms, we mean anything you seek to post, transmit, or share, including but not limited to text, images, sounds, video, graphics, information, or other data.) Your use of the Services may be subject to license and use restrictions set forth in the Creative Commons (CC) BY-NC-SA 4.0 License.

You agree not to submit any Content that:

1. infringes any intellectual property or other proprietary rights of any party;
2. you do not have a right to submit;
3. contains software viruses or any computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
4. poses a privacy or security risk to any person;
5. constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation;
6. is threatening, abusive, harassing, tortious, bullying, or excessively violent;
7. is defamatory, libelous, or verifiably false with the purpose of harming others;
8. constitutes sexual exploitation or abuse of a minor, including sharing child sexual exploitation or abuse imagery or content, grooming, or sexual extortion;
9. glorifies self-harm, including self-injury, suicide, or eating disorders;
10. promotes terrorism or violent extremism;
11. furthers or promotes criminal activity;
12. seeks to provide medical, legal, financial or tax advice;
13. interferes with or disrupts the Services or servers or networks connected to the Services,
14. interferes with or appropriates any person’s right of publicity by using their name, likeness or persona (a) without permission and (b) outside a permissible context such as non-commercial parody or public commentary; or
15. in the sole judgment of digitalsoul.chat, is objectionable or that restricts or inhibits any other person from using or enjoying the Services, or which may expose digitalsoul.chat or its users to any harm or liability.

You likewise agree not to do any of the following in connection with your use of the Services:

1. disobey any requirements, procedures, policies or regulations of networks connected to the Services;
2. violate any applicable law or regulation;
3. impersonate any person or entity, or misrepresent your affiliation with a person or entity;
4. solicit personal information from anyone under the age of 18;
5. harvest or collect email addresses or other contact information of other users from the Services by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
6. obtain or attempt to obtain any information through any means not intentionally made available or provided for through the Services;
7. lease, lend, sell or sublicense any part of the Services;
8. try to evade any technological measure designed to protect the Services or any technology associated with the Services; or
9. reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any Services source code, in whole or in part (unless a portion of code within the Services is released as open source and the open source license governing such code expressly permits reverse engineering, copying or other modification).

Intellectual Property Rights

Content You Submit. You retain ownership of Content you submit but grant ITMATTER Inc. a nonexclusive, worldwide, royalty-free, perpetual, and irrevocable license to use, copy, modify, and distribute your Content for any purpose, including operating and improving the Services and training the underlying AI models.

Characters & Generations. * Your Creations: As between you and ITMATTER Inc., you own the rights to the Characters you create and the Generations elicited by you. You grant ITMATTER Inc. a license to use these Characters and Generations to facilitate the Services and promote the platform.

Interacting with Others: If you interact with a Character created by another user or the Company, you own the Generations elicited by you, but not the underlying Character.

Indemnity: You are solely responsible for ensuring your Characters and Generations do not violate third-party rights. You agree to indemnify ITMATTER Inc. against any claims arising from the specific nature of the Characters you create.

Services Content. The digitalsoul.chat name and logos are trademarks of ITMATTER Inc. All rights not expressly granted are reserved.

Third Party Material and AI Disclaimer

AI Nature and Accuracy. You acknowledge that the Services utilize experimental Artificial Intelligence technology. AI-generated chats are unpredictable. ITMATTER Inc. does not guarantee the factual accuracy, safety, or appropriateness of any Generations.

You agree that the Company is not responsible for AI "hallucinations," offensive output, or defamatory statements made by a Character.

Use of any Generation is at your own risk. You should not rely on the accuracy or completeness of statements made by AI Characters.

Third Party Links. ITMATTER Inc. is not responsible for third-party websites or resources linked through the Services.

ITMATTER Inc. respects intellectual property rights and complies with the Digital Millennium Copyright Act ("DMCA") and the Copyright Act (Canada).

Infringement Notices. Written notifications of claimed infringement must be submitted to:
ITMATTER Inc.
2301-120 Homewood Ave, Toronto, ON, M4Y 2J3, Canada
Attn: Infringement Notices
Email: support@digitalsoul.chat

Indemnity and Release

You agree to release, indemnify, and hold ITMATTER Inc. and its officers, directors, and employees harmless from any and all losses, damages, and expenses (including reasonable legal fees) arising out of your use of the Services, your violation of these Terms, or your violation of any rights of another.

Disclaimer of Warranty

The Services are provided on an “AS IS” and “AS AVAILABLE” basis. ITMATTER Inc. expressly disclaims all warranties of any kind, whether express, implied, or statutory, including warranties of merchantability or fitness for a particular purpose.

Limitation of Liability

ITMATTER Inc. will not be liable for any indirect, incidental, special, or consequential damages, including loss of profits, goodwill, or data. In no event will the Company’s total liability exceed the greater of: (i) $100 CAD; or (ii) the amount you paid ITMATTER Inc. in the last six months.

Dispute Resolution and Arbitration

Any dispute arising out of these Terms shall be resolved exclusively through final and binding arbitration in Toronto, Ontario, rather than in court, except for qualified small claims. You and ITMATTER Inc. are each waiving the right to a trial by jury or to participate in a class action.

General

Choice of Law. These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein.

Entire Agreement. These Terms constitute the entire agreement between you and ITMATTER Inc.

Expiration of Claims. Any claim arising out of the use of the Services must be filed within one (1) year after such claim arose or be forever barred.

Changes to Terms. We reserve the right to modify these Terms at any time. Continued use of the Services after changes are posted constitutes acceptance of the new Terms.