Terms of Service
Contents
- Acceptance of These Terms
- Eligibility and Age Requirement
- The Service and AI-Generated Content
- Accounts
- Payments and Coin Purchases
- Acceptable Use
- Zero-Tolerance Content Policy
- Comments, Likes and Collections
- Intellectual Property and Fan Content
- Copyright Complaints (DMCA)
- Advertising, Third-Party Services and Links
- Privacy Policy
- Disclaimers
- Limitation of Liability
- Indemnification
- Termination
- Changes to These Terms
- Governing Law and Disputes
- 18 U.S.C. § 2257 Statement
- General
- Contact
1. Acceptance of These Terms
These Terms of Service (the “Terms”) form a binding agreement between you and Utopia Digital LLC (“we”, “us”, “our”) and apply to https://waifutopia.com and everything on it (the “Service”). The Privacy Policy in Section 12, the Content Policy in Section 7, the Payment Terms in Section 5 and the other sections on this page are part of the Terms.
By accessing or using the Service, creating an account, or clicking through any prompt that refers to these Terms, you agree to them. If you do not agree, do not use the Service.
2. Eligibility and Age Requirement
The Service contains sexually explicit material and is intended only for adults. You must be at least 18 years old, or the age of majority in the place you are accessing the Service from if that is higher. By using the Service you represent and warrant that:
- you meet that age requirement;
- it is legal for you to view sexually explicit, animated material in your location;
- you are accessing the Service voluntarily, for your own private use, and are not offended by adult content; and
- you will not allow anyone under the age of majority to access the Service through your device or account.
Parents and guardians can block access to adult sites with commonly available filtering software, device parental controls or network-level filters. If you believe a minor has accessed the Service, please contact us at waifu.support@gmail.com.
We may add age-verification or age-assurance steps at any time, including where required by law, and may restrict or block access from locations where we are not permitted to offer the Service.
3. The Service and AI-Generated Content
WaifuTopia is a browsable feed of short videos organised into categories. Please understand the following about what you will see:
- Fictional and AI-generated. All videos are produced with generative AI tools and depict fictional, animated characters. They do not depict real people, real events or real sexual acts.
- Adults only. Every character depicted is an adult, regardless of art style. See Section 7.
- Automated tags. Categories and tags are assigned by automated image-recognition software and may be inaccurate, incomplete or misleading. They are provided for browsing convenience only.
- As-is availability. We may add, change, move or remove videos, categories and features at any time without notice, and the Service may be unavailable from time to time.
- Resemblance. AI output can accidentally resemble real people or existing characters. Resemblance is unintentional. If you believe a video resembles you or someone you know, report it under Section 7.
4. Accounts
You can watch videos without an account. An account is needed to like videos, comment and keep collections. Sign-in is handled by our authentication provider (Clerk), and the details you provide are described in the Privacy Policy.
- Provide accurate information and keep your sign-in credentials secure. You are responsible for everything done through your account.
- One person may not operate accounts in a way that evades a suspension or ban.
- Tell us promptly if you suspect unauthorised use of your account.
- We may suspend or delete accounts that break these Terms or that are inactive, as described in Section 16.
5. Payments and Coin Purchases
Coins are an in-Service credit you can buy and spend to generate videos (image generation is coming soon). Coin purchases are one-time, non-recurring purchases — choosing a plan under “Memberships” buys that amount of coins once; it is not a subscription, does not renew automatically, and does not charge you again later. We intend to offer memberships as monthly subscriptions in future. Monthly billing is not available yet. If and when we introduce it, the price, the billing interval, how renewal works and how to cancel will be shown clearly before you buy, and these Terms will be updated. Nothing you buy today renews.
- Who processes payment. Payments are made in cryptocurrency only. They are processed through our own self-hosted PayRam payment gateway. We do not accept payment cards and never ask for or collect card details; see Section 12 for what we actually collect.
- Crypto settlement is final. Once a payment settles on the relevant blockchain it cannot be reversed by us, the processor, or you. Coins are credited to your account once the processor confirms payment.
- Memberships. A membership plan is a one-time purchase that also unlocks its listed perks for 30 days from the day the payment is confirmed: downloading videos from the feed. It does not renew automatically. Buying another membership extends it.
- Refunds. We review refund requests on a case-by-case basis. To ask for a refund, email waifu.support@gmail.com with your account username, the approximate date and amount of the purchase, and the reason for your request. We may decline a refund where the coins have already been spent generating content, where we suspect abuse or fraud, or or where the payment cannot practically be returned. An approved refund may be issued as replacement coins or as a payment back to the wallet that paid, at our discretion.
- Chargebacks. Because payments are made in cryptocurrency, they cannot be charged back through a bank or card issuer. If something is wrong with a purchase, please email waifu.support@gmail.com first — we can usually fix a billing problem directly. Trying to recover a payment through a third party after receiving the coins you paid for may result in suspension of your account.
- Pricing. Prices are shown in USD at the time of purchase and may change at any time; a change does not affect a purchase you already completed.
6. Acceptable Use
You agree not to, and not to help anyone else to:
- break any law or regulation, or use the Service to commit or promote an offence;
- post comments or other contributions that are unlawful, defamatory, hateful, threatening, harassing, or that reveal someone’s private information;
- post or link to sexual content involving minors, non-consensual content, or content depicting real people (see Section 7);
- post spam, advertising, referral links, scams, malware or anything intended to mislead or defraud other users;
- scrape, copy, bulk-download, mirror or re-host videos, thumbnails or other content from the Service, or use automated tools (bots, crawlers) other than ordinary search-engine crawlers that respect our robots.txt;
- circumvent, disable or interfere with security, rate limits, access controls, age gates or advertising;
- probe, scan or test the vulnerability of the Service, or attempt unauthorised access to accounts, servers or data;
- overload the Service or interfere with other people’s use of it;
- use content from the Service to train, fine-tune or benchmark machine-learning models without our written permission;
- impersonate any person or organisation, or misrepresent your affiliation; or
- remove or alter any copyright, trademark or attribution notice.
7. Zero-Tolerance Content Policy
Content involving minors. We have zero tolerance for child sexual abuse material (CSAM) and for any sexualised depiction of a person who is, or appears to be, under 18, whether real, drawn or AI-generated. All characters shown on the Service are adults. Any content that depicts or suggests otherwise will be removed immediately, and where required we will report it to the appropriate authorities and cooperate with law enforcement investigations.
Other prohibited content. The Service does not host, and users may not post or link to:
- content depicting real people (including deepfakes or AI imagery that uses a real person’s face, body or likeness without consent);
- non-consensual sexual content or content that glorifies sexual violence;
- bestiality involving real animals, or content depicting real violence, torture or death;
- content that promotes self-harm, terrorism, human trafficking or hate against protected groups; and
- any other material that is illegal where we operate.
How to report. To report content, including content that you believe resembles a real person or appears to depict a minor, email waifu.support@gmail.com with the page URL (for example the /video/… address or the share link) and a short description. We review reports promptly, may remove content while we investigate, and will act against repeat or serious violations. You can also report illegal content to your national hotline, such as the NCMEC CyberTipline (United States) or the eSafety Commissioner (Australia).
8. Comments, Likes and Collections
You may be able to post comments, like videos and organise videos into personal collections (“Contributions”).
- Your responsibility. You are solely responsible for your Contributions and for making sure they follow these Terms. Comments are public and are shown alongside your displayed handle.
- Licence to us. You keep ownership of your Contributions, but you grant us a worldwide, non-exclusive, royalty-free, transferable licence to host, store, reproduce, display and distribute them in connection with operating and promoting the Service.
- Your promises. You confirm you have the right to post your Contributions and that they do not infringe anyone’s rights.
- Moderation. We may, but are not obliged to, review, edit, hide or delete any Contribution or account at any time and for any reason, without notice.
- No endorsement. Other users’ comments represent their own views, not ours.
9. Intellectual Property and Fan Content
Our rights. The Service, including its design, code, name, logo, text, selection and arrangement of content, and the videos and thumbnails we publish, is owned by or licensed to us and protected by intellectual-property laws, to the extent such protection exists. We grant you a limited, revocable, non-exclusive, non-transferable licence to access and view the Service for your personal, non-commercial use. All other rights are reserved. Sharing a link to a video page using the Share button is welcome; copying or re-hosting the videos themselves is not.
AI-generated works. Copyright protection for AI-generated material is unsettled and varies by country. We make no promise that any video is protected by copyright, or that you may reuse it; that does not affect the restrictions in Section 6.
Fan content and trademarks. Some videos depict characters, costumes or settings that resemble characters from existing games, anime, manga or other franchises. Such depictions are unofficial, non-commercial fan works. WaifuTopia is not affiliated with, sponsored by or endorsed by the owners of those properties, and all related names, characters and marks belong to their respective owners. If you own rights in a character or work and want content removed, use the process in Section 10.
10. Copyright Complaints (DMCA)
We respect intellectual-property rights and respond to notices of alleged infringement that comply with applicable law, including the United States Digital Millennium Copyright Act (17 U.S.C. § 512). To send a notice, email waifu.support@gmail.com with the subject line “Copyright Notice” and include:
- your physical or electronic signature;
- identification of the copyrighted work you claim has been infringed;
- identification of the material you want removed and enough information to locate it (for example the page URL);
- your name, postal address, telephone number and email address;
- a statement that you have a good-faith belief that the use is not authorised by the copyright owner, its agent or the law; and
- a statement, under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorised to act on the owner’s behalf.
Counter-notice. If your content was removed and you believe that was a mistake, you may send a counter-notice containing your signature, identification of the removed material and where it appeared, a statement under penalty of perjury that you believe in good faith the material was removed by mistake or misidentification, your name, address and telephone number, and your consent to the jurisdiction of the courts where you are located (or, if outside the United States, the courts named in Section 18). We may restore the material within the period allowed by law unless the complainant tells us they have filed a court action.
Repeat infringers. We will terminate the accounts of users who are repeat infringers in appropriate circumstances. Knowingly sending a false notice or counter-notice can lead to legal liability.
11. Advertising, Third-Party Services and Links
Advertising. Browsing the Service is free and is supported by advertising. Creating videos uses coins, which you buy as described in Section 5. Ads are supplied by third-party adult advertising networks (currently including JuicyAds) and appear as sponsored cards between videos or elsewhere on the Service. We do not control the ads they serve and do not endorse the advertisers, products or sites they promote. Advertisements may be sexually explicit, and you interact with advertisers at your own risk. Ad networks may use cookies and similar technologies, as explained in Section 12.
Third-party services. We rely on outside providers, including for sign-in (Clerk), hosting and storage (Render and Cloudflare), analytics (Microsoft Clarity) and fonts (Google Fonts). Their own terms and privacy policies apply to your interaction with them.
Links. The Service, its ads and its comments may link to websites we do not own or control. We are not responsible for their content, practices or availability.
Ad blockers. You are free to use ad-blocking tools, but advertising is how we cover our costs, so please consider allowing ads on WaifuTopia.
12. Privacy Policy
This section explains what personal information we collect, why, who we share it with, and the choices you have.
12.1 Information we collect
- Account information. If you sign in, our authentication provider (Clerk) collects and stores details such as your email address and, depending on how you sign in, your name, profile picture and sign-in identifiers. We receive a unique user ID and the profile details needed to display your account.
- Activity you create. Likes, comments (with your displayed handle and a timestamp) and the collections you build and the videos you save to them.
- Technical information. Like most websites, our servers and providers automatically receive your IP address, browser and device type, operating system, referring page, pages and videos requested, and timestamps. This is used for security, abuse prevention, performance and troubleshooting.
- Analytics information. Microsoft Clarity records how visitors use the site, such as clicks, scrolling, page views and, in some cases, anonymised session replays and heatmaps, to help us fix problems and improve the site.
- Advertising information. Ad networks may collect identifiers and browsing information through cookies or similar technologies when ads load (see 11.3).
- Messages. Anything you send us when you contact us, including reports and takedown requests.
We do not collect payment card details (payments are made in cryptocurrency), government IDs or precise location. When you pay, our payment gateway records the transaction details (such as the amount, the transaction ID and the paying wallet address); cryptocurrency transactions are also publicly visible on the relevant blockchain.
12.2 How we use information
- to run, secure and improve the Service and to show the videos you request;
- to operate accounts, likes, comments and collections;
- to detect and prevent abuse, spam, fraud and security incidents, and to enforce these Terms;
- to understand usage and measure performance;
- to show advertising that keeps the Service free;
- to respond to reports, legal requests and your questions; and
- to comply with legal obligations.
Where the law requires a legal basis (for example under the GDPR), we rely on performance of our contract with you, our legitimate interests in running and securing the Service, your consent where we ask for it, and legal obligation.
12.3 Cookies, local storage and similar technologies
We and our partners use cookies, local storage and similar technologies to keep you signed in, remember preferences (such as dark mode, autoplay and sound settings, which are stored only on your device), measure usage, and serve and measure advertising. You can control cookies through your browser settings and device privacy controls, or block them with extensions. Blocking some of them may stop sign-in or other features from working.
12.4 Who we share information with
- Service providers that process data for us: authentication (Clerk), hosting and database (Render), media storage and delivery (Cloudflare), analytics (Microsoft Clarity) and fonts (Google).
- Advertising partners such as JuicyAds, which may collect information directly from your browser under their own privacy policies.
- Legal and safety. Authorities, courts or other parties where we believe disclosure is required by law or needed to protect rights, safety or the Service, including to report illegal content.
- Business changes. A successor, if the Service is sold, merged or transferred.
We do not sell your account information to third parties. Advertising partners’ use of cookies may be considered “sharing” or “selling” under some privacy laws; you can limit this using your browser or device controls.
12.5 Retention
We keep personal information for as long as your account is active or as needed to provide the Service, then delete or anonymise it unless we must keep it to meet legal obligations, resolve disputes or enforce our agreements. Comments you post may remain visible until you or we remove them. Server logs are kept for a limited period for security and troubleshooting.
12.6 Your choices and rights
Depending on where you live (for example the EU/UK, California, or Australia), you may have rights to access, correct, delete or export your personal information, to object to or restrict certain processing, to withdraw consent, and to complain to a data-protection regulator. To exercise a right or to have your account and activity deleted, email waifu.support@gmail.com from the address linked to your account. We may need to verify your identity first and will respond within the time required by law. You can also manage some account details yourself through the account menu on your Profile page and sign out at any time.
12.7 Security
We use reasonable technical and organisational measures to protect personal information, including encrypted connections (HTTPS) and relying on reputable providers. No method of transmission or storage is completely secure, so we cannot guarantee absolute security.
12.8 Children
The Service is not directed to anyone under 18 and we do not knowingly collect personal information from minors. If you believe a minor has given us personal information, contact us and we will delete it.
12.9 International transfers
Our providers operate globally, so your information may be processed in countries other than your own, including the United States, which may have different data-protection laws. Where required we rely on appropriate safeguards for these transfers.
12.10 Changes
We may update this Privacy Policy from time to time. The “Last updated” date at the top shows when it last changed.
13. Disclaimers
To the fullest extent permitted by law, the Service and all content are provided “as is” and “as available”, without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, availability or that the Service will be uninterrupted, secure or error-free. We do not warrant that tags, categories or recommendations are accurate, that content will be to your taste, or that third-party ads or links are safe or lawful. You use the Service at your own risk. Some jurisdictions do not allow certain exclusions, so some of the above may not apply to you, and nothing in these Terms limits any consumer rights that cannot legally be excluded.
14. Limitation of Liability
To the fullest extent permitted by law, we and our owners, operators, contractors, suppliers and partners will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, data, goodwill or other intangible losses, arising out of or related to your use of (or inability to use) the Service, user Contributions, third-party advertising or links, or any unauthorised access to your account, even if we have been told such damage is possible. Our total liability for any claim relating to the Service is limited to the greater of (a) the amount you paid us to use the Service in the 12 months before the claim (which is zero for a free service) and (b) USD $100. Where the law does not allow limiting certain liability, our liability is limited to the maximum extent allowed.
15. Indemnification
You agree to defend, indemnify and hold harmless us and our owners, operators, contractors and partners from any claims, damages, losses, liabilities and expenses (including reasonable legal fees) arising out of your Contributions, your use of the Service, your breach of these Terms, or your violation of any law or third-party right.
16. Termination
You may stop using the Service at any time and may ask us to delete your account. We may suspend or terminate your access, remove content or block devices or networks at any time, with or without notice, if we believe you have breached these Terms, are creating risk or legal exposure, or for any other reason permitted by law. Sections that by their nature should survive termination (including 8, 9, 13, 14, 15, 18 and 20) will survive.
17. Changes to These Terms
We may update these Terms from time to time. The “Last updated” date at the top shows the latest version. If we make a material change we will try to give notice, for example with a notice on the site. Continuing to use the Service after changes take effect means you accept the updated Terms.
18. Governing Law and Disputes
These Terms and any dispute arising from them or the Service are governed by the laws of the place where the operator of the Service resides, without regard to its conflict-of-law rules, and you agree to the exclusive jurisdiction of the courts located there, except that either party may seek urgent injunctive relief in any competent court and nothing here removes mandatory consumer protections that apply to you where you live. Before starting a claim, please contact waifu.support@gmail.com so we can try to resolve the issue informally first.
19. 18 U.S.C. § 2257 Statement
All content on WaifuTopia consists of computer-generated, AI-generated, animated or otherwise fictional imagery. It does not depict real persons engaged in actual sexually explicit conduct. Accordingly, we maintain that the record-keeping and labelling requirements of 18 U.S.C. §§ 2257 and 2257A and 28 C.F.R. Part 75 do not apply to this content. If you believe any content on the Service depicts a real person, please report it immediately under Section 7.
20. General
- Entire agreement. These Terms are the entire agreement between you and us about the Service and replace any earlier agreement.
- Severability. If any part is held unenforceable, the rest remains in effect.
- No waiver. A failure to enforce a right is not a waiver of it.
- Assignment. You may not assign these Terms without our consent; we may assign them freely.
- Electronic communications. You agree we may give you notices electronically, including by posting on the Service.
- Force majeure. We are not liable for failures caused by events outside our reasonable control.
- Headings. Section headings are for convenience only.
21. Contact
For questions about these Terms, to report content, to send a copyright or takedown notice, or to make a privacy request, email waifu.support@gmail.com.
Utopia Digital LLC
30 N Gould St, Ste R, Sheridan, WY 82801, United States