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Terms of Use

Last updated: June 2, 2026 · Viral Builders · viralbuildersllc@gmail.com

Hey — thanks for using Speaky. Speaky's made by Viral Builders, a small independent app studio. These Terms cover what you're agreeing to when you use the app. We've tried to write them like a person, with the legal parts kept tight enough to actually mean something. By installing or using Speaky, you're agreeing to what's below. If you don't, no hard feelings — just don't use it.

1. Who can use Speaky

You need to be at least 13 (or older, if that's the digital-consent age where you live). If you're under 18, you need a parent or guardian's permission. Kid mode uses filters and safety rules to keep characters appropriate for younger users — but it's AI, so it's our best effort, not a guarantee. If a child is using the app, a parent or guardian needs to be involved and supervising. That part's on you, not us.

2. Your account

You're responsible for what happens on your account. Don't share your sign-in. If you think someone got into your account, email me at viralbuildersllc@gmail.com and we'll sort it out.

3. Subscriptions and purchases

Speaky has subscriptions and top-ups, handled through the App Store:

• Apple charges your Apple ID when you confirm a purchase.
• Subscriptions renew automatically unless you cancel at least 24 hours before the next period starts.
• Manage or cancel any time in your Apple ID settings or inside Speaky under Settings → Plan.
• Unused minutes from one period don't roll over after a renewal.
• Refunds go through Apple — they handle billing, not us.

4. About the AI

Speaky uses AI (ours plus partners like Anthropic, OpenAI, ElevenLabs) to generate character responses and voices. A few things to know:

• Everything a character says is generated by software, not a human. It can be wrong, weird, biased, or just off. Treat it like fiction.
• It's not advice. Speaky isn't a doctor, therapist, lawyer, or financial advisor. Don't use AI character responses for real decisions about your health, money, safety, or mental wellbeing. If you're in crisis, please reach out to a professional or call emergency services.
• Characters are made-up. Any resemblance to real people is coincidental, and what a character says isn't a statement from any real person or company.
• Some modes (like Unhinged mode) are intentionally edgy or satirical. If you turn them on, that's on you — you're opting into characters that go off the rails for comedic effect.
• The underlying AI services are third-party. They can change, glitch, or disappear without notice.
• Don't use Speaky to make content that sexualizes minors, incites violence, defames real people, or breaks any law. That's a hard line.

Kid mode — the part parents need to read

Kid mode is built for younger users: friendly characters, plus filters and safety rules that screen out profanity and adult themes. We work hard on it, and we keep tuning it. But here's the honest deal you're agreeing to:

• It's still AI. Characters are generated by software in real time — not pre-written, and not checked by a human before you hear them. Our filters catch the overwhelming majority of stuff, but no automated system is perfect. Once in a while a character could say something off, weird, or not what you'd want a kid to hear. We can't promise it never happens.
• A parent or guardian is in charge — not us. By turning kid mode on for a child, you're confirming you're their parent or guardian (or have that person's permission), that you'll supervise, and that you understand AI can occasionally surprise you. Kid mode is a tool to help you, not a babysitter and not a substitute for you being there.
• Don't lean on it for anything that matters. It's a toy that talks — not a caregiver, teacher, or anything to rely on for a child's safety, health, feelings, or real decisions.
• Tell us if something crosses a line. Email viralbuildersllc@gmail.com and we'll look into it and tighten the filters. That feedback genuinely helps.

To the fullest extent the law allows, you use kid mode at your own risk, and the "as-is" disclaimer (Section 8) and the liability limits (Section 9) apply to kid mode exactly as they do to the rest of the app.

5. Don't do this stuff

When you're using Speaky, please don't:

• Break any law.
• Harass, threaten, or defame anyone.
• Try to reverse-engineer, decompile, scrape, or extract anything from the app or our servers.
• Make content that depicts minors in a sexual or harmful way.
• Hammer our servers with bots or scripts.
• Resell or commercially exploit Speaky without us saying yes in writing.
• Use Speaky on a device you don't own or control.

If you do, we may suspend or close your access without notice.

6. Stuff you make

Characters you create — names, photos, personality details — are yours. We just need a small license to actually run the app: store your stuff, display it, generate responses, sync it across your devices. We don't own your content. You're responsible for it though — make sure you have the right to use any photo or detail you add, and don't put anything in that infringes on someone else or breaks the law. We can remove content at our discretion if it crosses a line, but we have no obligation to police it.

7. Our stuff

Speaky itself — the app, the design, the code, the brand, the character templates we wrote — is owned by Viral Builders. Don't copy, modify, or redistribute it beyond what these Terms allow.

8. The "as-is" part

Heads up — this section gets formal because it has to be enforceable. The short version: we built Speaky with care but we can't promise it'll be perfect, error-free, or always up.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP AND ALL CONTENT, FEATURES, AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, OR QUIET ENJOYMENT. WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, FREE OF VIRUSES, OR THAT ANY DEFECTS WILL BE CORRECTED. YOU USE THE APP AT YOUR OWN RISK.

9. Limits on what we owe

Speaky is a small indie app. If something goes sideways, here's the cap on what we're on the hook for:

(a) TO THE MAXIMUM EXTENT PERMITTED BY LAW, VIRAL BUILDERS LLC, ITS OFFICERS, MEMBERS, EMPLOYEES, AGENTS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, REGARDLESS OF THE LEGAL THEORY AND WHETHER OR NOT WE'VE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

(b) OUR TOTAL CUMULATIVE LIABILITY FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE APP WILL NOT EXCEED THE GREATER OF (i) THE TOTAL AMOUNTS YOU'VE PAID US FOR THE APP IN THE TWELVE MONTHS BEFORE THE CLAIM, OR (ii) FIFTY U.S. DOLLARS ($50.00).

Some places (parts of the EU, certain states) don't allow these limits — there, they apply only as far as the law allows.

10. If you cause us a problem

If your use of Speaky causes someone to come after us — like, you use the app to break a law, post something you didn't have the right to post, or harm someone — you agree to cover our costs (including reasonable legal fees) for dealing with it. We can take over the defense ourselves if we want, and you'd help us out as needed.

11. How disputes get resolved

(a) Arbitration instead of court. If we ever have a dispute, you and Viral Builders agree to handle it through binding individual arbitration with the American Arbitration Association under their Consumer Arbitration Rules — in Los Angeles County, California, or remotely. Either of us can still take small-claims court individually if we want.

(b) No class actions. Claims are on an individual basis only — no class actions, no representative proceedings, no consolidating with other people's claims. (This one matters; it's the standard protection apps use to avoid getting hit with mass lawsuits.)

(c) No jury trial. Both sides waive any right to a jury trial.

(d) 30-day opt-out. If you don't want to be bound by arbitration, you can opt out by emailing viralbuildersllc@gmail.com within 30 days of first accepting these Terms. Include your name, the app you use, and that you're opting out. The rest of these Terms still apply.

(e) Exceptions. Either of us can still go to court for IP infringement claims or unauthorized use of the app.

12. Stuff out of our control

If we can't deliver because of something outside our reasonable control — natural disasters, internet outages, AI providers going down, governmental stuff, etc. — we're not on the hook.

13. Changes and our rights

We may update the app, change features, or update these Terms over time. Anything not specifically given to you in these Terms, we keep. If we update Terms, the "Last updated" date at the top reflects the change — keep using Speaky and you're accepting the update. If you don't agree, the move is to stop using the app.

14. Apple's role

Apple distributes Speaky through the App Store but doesn't make it or stand behind it — that's us. A few things that need to be said for App Store distribution to work:

• Your license is limited to using Speaky on Apple-branded devices you own or control, per Apple's Usage Rules.
• If Speaky needs support or maintenance, that's on us. Apple isn't obligated to help.
• If Speaky doesn't work as promised under any warranty we're providing, you can notify Apple and they'll refund whatever you paid (if anything). Beyond that, warranty handling is on us.
• If you (or anyone) has a claim about Speaky — product liability, regulatory, consumer protection, privacy, whatever — we handle it. Not Apple.
• If someone claims Speaky infringes their IP, we deal with the claim. Not Apple.
• You confirm you're not in a country the U.S. has an embargo on, and you're not on a U.S. sanctions list.
• Apple and Apple's subsidiaries are third-party beneficiaries of these Terms — meaning they can enforce them against you if they ever needed to.

15. Ending things

You can stop using Speaky any time — just uninstall it. We can suspend or close your access if you break these Terms, or for any other reason. A few sections survive after we part ways: your content licenses you've already granted, IP ownership, the disclaimers, liability limits, indemnification, arbitration, governing law, and severability.

16. Which law applies

These Terms are governed by California law (specifically, without the conflict-of-laws bits). For anything not covered by arbitration, we both agree to the courts in Los Angeles County, California.

17. The fine print on the fine print

If any part of these Terms doesn't hold up legally, the rest still applies. If we don't enforce something right away, it doesn't mean we've given up the right to do it later. These Terms — plus our Privacy Policy and Apple's standard EULA — are the full agreement between us.

18. Get in touch

Questions, weird edge cases, want to talk to a human? viralbuildersllc@gmail.com.