Midnight Roses — Terms of Service

Effective Date: November 10, 2025

Last Updated: November 10, 2025

These Terms of Service (“Terms”) are a binding agreement between ThinkChumba, LLC, an Ohio limited liability company (“ThinkChumba,” “we,” “us,” “our”), and you (“you” or “User”) governing your access to and use of Midnight Roses and any related apps, websites, content, features, or services we offer (collectively, the “Service”).

By accessing or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

1. Who May Use the Service (18+)

Adults only. The Service contains mature/adult romance and fantasy content intended exclusively for persons 18 years of age or older. By using the Service, you represent and warrant that you are at least 18 and legally permitted to view adult content in your location.

Age verification. We currently use self-attestation. We may, at our discretion or where required by law, implement stricter verification (e.g., ID checks), geoblocking, or deny access to certain jurisdictions.

Geographic scope. We primarily serve the United States but the Service may be accessible worldwide. You are responsible for compliance with local laws; we may restrict or disable access anywhere, at any time.

2. Accounts & Security

Registration. You must provide accurate information and keep it current.

Credentials. You are responsible for all activity under your account and for safeguarding your credentials. Do not share credentials with minors.

Account sharing. Accounts are for personal use. The account holder is responsible for any use of the account, whether or not authorized by the account holder.

Electronic communications. You consent to receive electronic communications (e.g., account notices, legal updates) as part of using the Service.

3. The Service; AI Content & Avatars

Nature of content. Midnight Roses is an interactive, AI-written, choose-your-own-adventure e-book experience with adult romance/fantasy themes. Avatars are generated by our Service (no user image uploads) and may be public.

Fictional entertainment only. Content is fictional and for entertainment purposes only; it may be inaccurate or offensive to some users. No professional advice (medical, mental-health, legal, financial, etc.) is provided.

No real-person likenesses. You may not prompt or attempt to generate avatars or outputs depicting real people (including celebrities) or otherwise violate rights of publicity or privacy.

Mature themes rules. The following are strictly prohibited: any content involving minors or minor-appearing characters, non-consensual acts, incest, bestiality, sexual violence or exploitation, and any content that is illegal or obscene where accessed.

4. Acceptable Use

You agree not to:

• Use the Service in violation of laws or these Terms;
• Seek or disseminate illegal sexual content or the prohibited categories above;
• Infringe or misappropriate any intellectual-property, privacy, or publicity rights;
• Harass, threaten, dox, or defame others;
• Reverse-engineer, scrape, crawl, bulk-download, or attempt to harvest prompts/outputs;
• Use outputs or avatars to train models, or for any commercial purpose without our prior written permission;
• Interfere with the Service or bypass security/age-gates.

We may remove or restrict content, features, or access at our discretion where lawful.

5. User Inputs; Public Avatars; Licenses

Your Inputs. “User Content” includes your prompts, selections, interactions, feedback, and any text you submit. You grant ThinkChumba a worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free license to use, reproduce, process, adapt, translate, publish, display, perform, distribute, and create derivative works of User Content and associated telemetry/usage data for operating the Service, safety, moderation, analytics, research, model training, product improvement, and commercialization (including ad/partner insights). You waive any moral rights to the extent permitted by law.

Outputs & Avatars. Content generated by the Service (including stories/chapters and avatars) is “Service Output.” We grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use Service Output for personal, non-commercial purposes only within the Service, subject to these Terms. Except as expressly allowed by us in writing, you may not reproduce, distribute, publicly display, sell, license, or use Service Output outside the Service, and you may not use Service Output to train AI or similar systems.

Public Avatars. Avatars may be publicly visible. Do not include any personal data in prompts meant for avatar generation. We may feature, re-use, or showcase avatars and outputs (with or without attribution) as part of the Service and for marketing or product purposes. You may opt out of marketing re-use of your avatars/outputs by emailing support@thinkchumba.com (processing may take reasonable time).

Feedback. Any suggestions or feedback you provide are non-confidential and may be used by us without restriction or compensation.

6. Data; Privacy; Monetization; Training Opt-Out

Data practices. We collect and process data (e.g., account info, prompts/outputs, usage events, device/approximate location, support communications). We may monetize de-identified or aggregated insights via ad/partner analytics and similar arrangements.

Model training. By default, your User Content and Service Output may be used to train our models and those of our service providers.

Opt-out of training. You may opt out of model-training use of your data by emailing support@thinkchumba.com with the subject “Training Opt-Out.” Opt-out does not apply to uses necessary to provide the Service, for security/safety, or to historical models already trained.

Do Not Sell or Share. Where applicable, we will honor “Do Not Sell or Share My Personal Information” requests and other consumer privacy rights via the mechanisms described in our Privacy Policy.

Privacy Policy. Our Privacy Policy (incorporated by reference) describes our data practices in more detail and controls to the extent of any inconsistency with this Section.

7. Subscriptions; Billing; Trials; Cancellations

Plans. We offer a free tier and a paid monthly plan currently called “Hopeless Romantic” at $7.99/month (plus any applicable taxes). We may introduce additional plans or features from time to time.

Auto-renewal. Paid plans auto-renew monthly until canceled. By starting a subscription, you authorize us (via Stripe) to charge your payment method on a recurring basis.

No refunds once a month starts. You can cancel at any time in Account Settings, but we do not provide refunds, credits, or proration for any monthly period that has already begun, except where required by law or at our sole discretion.

Price changes. We may change pricing with advance notice (typically 30 days) effective the next billing cycle. Continued use after the new price takes effect constitutes acceptance.

Chargebacks. If you initiate a chargeback or payment dispute, we may suspend or terminate your access pending resolution.

Taxes. Prices exclude taxes; you are responsible for any applicable taxes.

8. Moderation & Enforcement

Automated moderation. The Service uses AI-based moderation. We are not obligated to monitor all activity or content and may not review public avatars or outputs before display.

Policy violations. We may issue warnings, limit functionality, suspend, or terminate accounts at our discretion for violations or risk reasons (including legal, safety, or IP concerns). Severe violations may result in immediate termination. Termination for our convenience may include a pro-rated refund if we terminate a prepaid period.

9. Intellectual Property; Third-Party Terms

Our IP. We and our licensors own the Service, including software, models, templates, avatars, designs, text, graphics, trademarks, and Service Output. Except for the limited license expressly granted to you, no rights are transferred.

Third-party services & models. The Service may rely on third-party providers (e.g., hosting, payment, AI model APIs). You agree to comply with any applicable third-party terms we incorporate by reference. We are not responsible for third-party services.

Reservation of rights. We reserve all rights not expressly granted.

10. DMCA Copyright Policy

If you believe content on the Service infringes your copyright, send a DMCA notice to our agent:

Your notice must include all elements required by 17 U.S.C. §512(c)(3). We may remove or disable access to allegedly infringing material and, in appropriate circumstances, restrict repeat infringers’ access. Knowingly false notices may create liability.

11. Disclaimers

THE SERVICE (INCLUDING ALL AI-GENERATED CONTENT, AVATARS, AND OUTPUTS) IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES—EXPRESS, IMPLIED, OR STATUTORY—INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND AVAILABILITY.

We do not warrant that content will be accurate, free of offensive material, or suitable for any purpose. You may encounter adult themes; do not use the Service if such content is unlawful or objectionable to you.

12. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER THINKCHUMBA NOR ITS AFFILIATES, LICENSORS, OR PROVIDERS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, DATA, GOODWILL, OR REPUTATION, ARISING FROM OR RELATING TO THE SERVICE OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR AGGREGATE LIABILITY FOR ALL CLAIMS WILL NOT EXCEED THE GREATER OF: (A) AMOUNTS YOU PAID TO US FOR THE SERVICE IN THE 12 MONTHS BEFORE THE CLAIM AROSE, OR (B) $100.

Some jurisdictions do not allow certain limitations; in such cases, the limitations apply to the maximum extent permitted.

13. Indemnification

You agree to defend, indemnify, and hold harmless ThinkChumba and its affiliates, officers, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from or related to: (i) your use of the Service or Service Output; (ii) your User Content; (iii) your violation of these Terms or laws; or (iv) your infringement or violation of any third-party right (including IP, privacy, or publicity).

14. Dispute Resolution; Arbitration; Class-Action Waiver

Informal resolution first. Before filing a claim, you agree to email us at support@thinkchumba.com describing the dispute and attempt informal resolution for 30 days.

Binding arbitration. If not resolved, any dispute, claim, or controversy arising out of or relating to the Service or these Terms will be resolved by binding, individual arbitration under the AAA Consumer Arbitration Rules. The Federal Arbitration Act (FAA) governs the interpretation and enforcement of this agreement to aribtrate.

Seat & venue. Arbitration will take place in Franklin County, Ohio, or remotely at the arbitrator’s discretion.

Class-action and jury waiver. You and we waive any right to a jury trial and to participate in a class, consolidated, or representative action.

Small claims. Either party may seek relief in small-claims court in Franklin County, Ohio, for eligible disputes.

Mass/arbitration procedures. To the extent permitted by law, if 25 or more substantially similar claims are filed by the same or coordinated counsel, the parties agree to batch or bellwether proceedings for efficiency, with remaining cases stayed pending resolution of bellwethers, and with fee-shifting and cost allocations determined by the arbitrator consistent with AAA rules and applicable law.

15. Export; Sanctions; Prohibited Locations

You may not use the Service if you are located in, under the control of, or a national or resident of any country or territory subject to U.S. embargoes or sanctions, or if you are on any U.S. government denied-party list. You agree to comply with export control and sanctions laws.

16. Changes to the Service and Terms

We may modify the Service (including features, content, and availability) at any time. We may update these Terms by posting the revised Terms with a new “Last Updated” date. Material changes will be notified through the Service or by email. Continued use after changes become effective constitutes acceptance.

17. Termination

You may stop using the Service at any time and cancel your subscription in Account Settings. We may suspend or terminate your access for any reason where lawful, including violations or risk management. Upon termination, the rights granted to you end, except that Sections intended to survive (e.g., licenses to us, disclaimers, limitations, dispute resolution) will survive.

18. Miscellaneous

• Governing law. These Terms are governed by the laws of the State of Ohio, without regard to conflicts of laws principles; arbitration governed by the FAA.
• Entire agreement. These Terms (and any incorporated policies, including our Privacy Policy) are the entire agreement between you and us regarding the Service.
• Severability. If any provision is found unenforceable, it will be enforced to the maximum extent permitted, and the remainder will remain in effect.
• Assignment. We may assign these Terms freely. You may not assign or transfer your rights without our written consent.
• No waiver. Our failure to enforce any provision is not a waiver.
• Contact. Legal and support notices: support@thinkchumba.com.
• Company. ThinkChumba, LLC, 100 East Broad Street Suite 1350, Columbus, OH 43215.