Terms of Service
Last updated: May 12, 2026
1. Introduction
Welcome to RedGifs AI! These Terms of Service ("Terms") constitute a legally binding agreement between you and ERS Interactive ("RedGifs AI," "we," "us," or "our"). These Terms govern your access to and use of the RedGifs AI website (the "Website"), the RedGifs AI mobile application (the "App"), and any other content, functionality, or services offered by RedGifs AI (collectively referred to as the "Services").
By accessing or using the Services, you affirm that you are at least 18 years old and agree to be bound by these Terms. If you do not agree to these Terms or are under 18 years of age, you must not access or use the Services.
These Terms apply to all visitors, users, and others who access or use the Services. Please read these Terms carefully before you start to use the Services. If you do not agree to these Terms, you must not access or use the Services.
We reserve the right to change or modify these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by sending an email notification, providing notice through the Services, or updating the "Last Updated" date at the beginning of these Terms. By continuing to access or use the Services at any time after such update, you agree to be bound by the updated Terms.
2. Acceptance of Terms
By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are using the Services on behalf of a business or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. In that case, "you" and "your" will refer to that entity.
You accept these Terms (a) when you click to accept or agree to the Terms, where this option is made available to you in the user interface for any Service; or (b) by actually using the Services. In the latter case, you understand and agree that RedGifs AI will treat your use of the Services as acceptance of the Terms from that point onwards.
You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with RedGifs AI; or (b) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services.
By using the Services, you also agree to our Privacy Policy, which is incorporated by reference into these Terms.
3. Description of Services
RedGifs AI provides a platform for users to engage in conversations with artificial intelligence companions ("AI Companions"). Our Services include, but are not limited to: (a) access to various AI Companions for conversation and interaction; (b) the ability to customize and create AI Companions (where applicable); (c) storage of conversation history (subject to our data retention policies); and (d) any additional features or services that we may introduce from time to time.
3.1 Nature of AI Conversations. The conversations with AI Companions are generated by artificial intelligence and do not represent real individuals or entities. The responses are based on patterns in data and may not always be accurate, appropriate, or up-to-date.
3.2 No Liability for Content. RedGifs AI does not control, endorse, or take responsibility for any content generated by AI Companions or submitted by users. We expressly disclaim any and all liability in connection with such content.
3.3 Not a Substitute for Professional Advice. Our Services are for entertainment and general informational purposes only. They are not intended to provide professional, medical, legal, financial, or any other form of expert advice.
3.4 Modifications to Services. We reserve the right to modify, suspend, or discontinue any part of the Services at any time without notice or liability.
3.5 Technical Requirements. To access and use the Services, you may need to meet certain technical requirements, such as having a compatible device, operating system, or browser.
3.6 Service Availability. While we strive to keep the Services operational at all times, we do not guarantee uninterrupted access.
3.7 Age Restrictions. The Services are strictly for users who are 18 years of age or older. We do not knowingly provide services to or collect information from anyone under 18.
3.8 User Responsibilities. You are solely responsible for your interactions with AI Companions and any consequences that may result from such interactions, including ensuring that your use of the Services complies with all applicable laws and regulations.
4. User Registration and Account Security
4.1 Account Creation. To access certain features of the Services, you may be required to create an account. You agree to provide accurate, current, and complete information during registration and to keep it accurate.
4.2 Age Requirement. By creating an account, you represent and warrant that you are at least 18 years old.
4.3 Account Responsibilities. You are responsible for maintaining the confidentiality of your account and password, restricting access to your device, and for all activities that occur under your account.
4.4 Unauthorized Use. You agree to immediately notify RedGifs AI of any unauthorized use of your account or any other breach of security. RedGifs AI will not be liable for any loss or damage arising from your failure to comply with this provision.
4.5 One Person, One Account. You may not create or use more than one account.
4.6 Account Sharing. You may not share your account or password with any other person.
4.7 Termination of Accounts. RedGifs AI reserves the right to terminate or suspend your account at any time and for any reason, without notice or liability, including for violation of these Terms, prohibited activities, unpaid fees, law-enforcement requests, or extended inactivity.
4.8 Data After Account Termination. Following termination or suspension, RedGifs AI may retain your data for a period of time for backup, archival, or audit purposes. We are under no obligation to maintain or provide you with any data associated with your terminated account.
4.9 Account Security. Use strong, unique passwords; do not use easily guessable information; enable two-factor authentication if offered; log out after using shared or public computers.
4.10 Impersonation. You may not use the Services to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
5. User Conduct and Content
5.1 Acceptable Use Policy. You agree to use the Services only for lawful purposes and in accordance with these Terms.
5.2 Prohibited Activities. You agree not to: violate any applicable law; impersonate any person or entity; interfere with or disrupt the Services or networks; attempt unauthorized access; use the Services for illegal purposes; harass, bully, intimidate, or stalk other users; promote illegal activities; transmit malicious code; reverse engineer the Services; or remove proprietary notices.
5.3 User-Generated Content. The Services may allow you to submit, post, or transmit content ("User Content"). You retain ownership of your User Content, but you grant RedGifs AI a worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, and display your User Content in connection with the Services.
5.4 Content Restrictions. You agree not to submit User Content that is unlawful, harmful, threatening, abusive, defamatory, obscene, hateful, or otherwise objectionable; that infringes any party's rights; that contains viruses or destructive code; that is unsolicited advertising; or that contains personal information of third parties.
5.5 No Responsibility for User Content. RedGifs AI does not endorse any User Content or any opinion expressed therein, and expressly disclaims any and all liability in connection with User Content.
5.6 Monitoring and Removal of Content. RedGifs AI reserves the right to monitor User Content and AI Companion conversations. We may remove or refuse to display content that we believe violates these Terms or may be offensive or illegal, without prior notice to you.
5.7 Conversations with AI Companions. You acknowledge that AI Companion conversations are for entertainment and general informational purposes only, that responses may be inaccurate, inappropriate, offensive, or outdated, and that RedGifs AI is not responsible for the content of AI Companion responses or any consequences resulting from your use of or reliance on such responses.
5.8 Reporting Violations. If you become aware of any violation of these Terms, please report it to legal@thepeach.ai
6. Intellectual Property Rights
6.1 Ownership of Services. The Services, including all content, features, and functionality thereof, are owned by ERS Interactive, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
6.2 Limited License to Users. Subject to these Terms, RedGifs AI grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Services for your personal, non-commercial use.
6.3 Restrictions. You may not copy, modify, create derivative works of, publicly display, republish, download, store, transmit, or distribute any portion of the Services without prior written consent from RedGifs AI.
6.4 User Content License. You retain any copyright you may hold in User Content. By submitting User Content, you grant RedGifs AI a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such User Content in any and all media or distribution methods now known or later developed.
6.5 AI-Generated Content. Any content generated by AI Companions through the Services is the property of RedGifs AI. You are granted a limited, non-exclusive license to use such AI-generated content for personal, non-commercial purposes in compliance with these Terms.
6.6 Feedback. If you provide RedGifs AI with any feedback or suggestions regarding the Services, you assign to RedGifs AI all rights in such feedback and agree that RedGifs AI shall have the right to use it as it deems appropriate.
6.7 Trademarks. The RedGifs AI name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of ERS Interactive or its affiliates or licensors. You must not use such marks without prior written permission.
6.8 Copyright Infringement. We respond to notices of alleged copyright infringement that comply with applicable law. DMCA notices should be sent to legal@thepeach.ai
7. Third-Party Links and Services
The Services may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by RedGifs AI. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. Your access to and use of third-party links, content, or services is at your own risk. We may disable links to any third-party websites or services at any time and for any reason, without notice.
8. Disclaimers and Limitations of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, REDGIFS AI PROVIDES THE SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. REDGIFS AI SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
YOU ACKNOWLEDGE THAT ALL CONVERSATIONS AND INTERACTIONS WITH AI COMPANIONS ARE GENERATED BY ARTIFICIAL INTELLIGENCE AND DO NOT REPRESENT THE VIEWS OR ADVICE OF REAL INDIVIDUALS OR REDGIFS AI. REDGIFS AI DISCLAIMS ALL LIABILITY FOR ANY RELIANCE PLACED BY YOU ON AI-GENERATED CONTENT OR ANY ACTIONS TAKEN AS A RESULT OF SUCH CONTENT.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL REDGIFS AI OR ANY OF ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY, REDGIFS AI'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) THE AMOUNT PAID, IF ANY, BY YOU TO REDGIFS AI FOR THE SERVICES DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR (B) $100.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
9. Indemnification
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS REDGIFS AI, ITS PARENT COMPANY, LICENSORS, AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS, AND ASSIGNS FROM AND AGAINST ANY CLAIMS, LIABILITIES, DAMAGES, JUDGMENTS, AWARDS, LOSSES, COSTS, EXPENSES, OR FEES (INCLUDING REASONABLE ATTORNEYS' FEES) ARISING OUT OF OR RELATING TO: (A) YOUR VIOLATION OF THESE TERMS; (B) YOUR USE OF THE SERVICES; (C) YOUR VIOLATION OF ANY THIRD-PARTY RIGHT; (D) ANY CLAIM THAT YOUR USER CONTENT CAUSED DAMAGE TO A THIRD PARTY; OR (E) ANY DECISION YOU MAKE OR ACTION YOU TAKE IN RELIANCE ON CONTENT AVAILABLE THROUGH THE SERVICES, INCLUDING AI-GENERATED CONTENT.
You agree to cooperate as fully as reasonably required in the defense of any claim. RedGifs AI reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of RedGifs AI. This indemnification obligation will survive these Terms and your use of the Services.
10. Dispute Resolution
10.1 Governing Law. These Terms and any dispute or claim arising out of or related to these Terms shall be governed by and construed in accordance with the laws of the State of Washington, without giving effect to any choice or conflict of law provision or rule.
10.2 Agreement to Arbitrate. You and RedGifs AI agree that any dispute, claim, or controversy arising out of or relating to these Terms or the use of the Services (collectively, "Disputes") will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's intellectual property rights. You and RedGifs AI are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding.
10.3 Arbitration Procedures. The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes then in effect. The Federal Arbitration Act will govern the interpretation and enforcement of this section.
YOU AND REDGIFS AI HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. YOU AND REDGIFS AI ARE INSTEAD ELECTING THAT ALL DISPUTES WILL BE RESOLVED BY ARBITRATION UNDER THIS DISPUTE RESOLUTION SECTION.
ALL DISPUTES MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING.
10.7 Location and Procedure. Unless you and RedGifs AI otherwise agree, the arbitration will be conducted in King County, Washington. If your claim does not exceed $10,000, the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary.
10.8 Opt-out Right. You have the right to opt out of this Arbitration Agreement by sending written notice of your decision to legal@thepeach.ai within 30 days after first becoming subject to this Arbitration Agreement.
10.9 Exclusive Venue. To the extent the parties are permitted to initiate litigation in a court, both you and RedGifs AI agree that all claims and disputes arising out of or relating to the Terms will be litigated exclusively in the state or federal courts located in King County, Washington.
11. Termination
These Terms will continue to apply until terminated by either you or RedGifs AI. You may terminate your agreement by closing your account, where this option is made available to you. RedGifs AI may, in its sole discretion, at any time and for any or no reason, suspend or terminate your account and refuse any current or future use of the Services, with or without notice. Upon termination, your right to use the Services will immediately cease. Sections covering account security, intellectual property, disclaimers, indemnification, dispute resolution, and general provisions shall survive termination.
12. General Provisions
These Terms constitute the entire agreement between you and RedGifs AI regarding the use of the Services. The failure of RedGifs AI to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision is found to be invalid, the remaining provisions of these Terms remain in full force and effect. You agree that any claim or cause of action arising out of or related to use of the Services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by RedGifs AI without restriction. RedGifs AI shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond RedGifs AI's reasonable control. You may not use, export, import, or transfer the Services except as authorized by U.S. law and the laws of the jurisdiction in which you obtained the Services. In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
13. Changes to Terms
RedGifs AI reserves the right, at our sole discretion, to modify or replace these Terms at any time. For material changes that significantly affect your rights or obligations, we will provide at least 30 days' notice before the changes take effect, unless we're required to make the changes sooner due to legal or regulatory requirements. Changes will become effective on the date specified in our notice, and your continued use of the Services after the effective date will constitute your acceptance of the changes. If you do not agree to any change(s) after receiving notice of such change(s), you must stop using the Services.
14. Anti-Human Trafficking and Non-Solicitation Policy
RedGifs AI maintains a strict zero-tolerance policy toward human trafficking and sexual exploitation in any form. The use of the Services to advertise, promote, facilitate, or engage in human trafficking or sex trafficking is expressly prohibited. This includes (a) soliciting, recruiting, harboring, transporting, or obtaining any person through force, fraud, or coercion for the purpose of labor or sexual exploitation; (b) posting, sharing, or distributing any content that promotes or facilitates trafficking of any kind; and (c) using the Services to arrange, advertise, or engage in commercial sexual services. Any user found to be in violation of this policy will have their account immediately suspended and access to the Services terminated. We reserve the right to report any suspected trafficking activity to the appropriate law enforcement authorities.
If you suspect human trafficking or wish to report a violation, please contact us at legal@thepeach.ai or reach out to the National Human Trafficking Hotline at 1-888-373-7888 or text "HELP" to 233733.
15. Contact
Questions about these Terms? Reach us at legal@thepeach.ai
Appendix R — Adult Surface (redgifs.thepeach.ai) Terms Addendum
This appendix supplements the global Terms of Service above for users accessing the Services through the adult (NSFW) surface operated by ERS Interactive. In the event of a conflict between the global Terms and this appendix, the appendix controls for users on this surface. The effective date of this appendix matches the global Terms date: May 12, 2026.
R.1 Age-attestation requirement. Use of the Services on this surface is conditioned on your affirmative confirmation at registration that you are of legal majority, as described in the Privacy Policy Appendix R.1. ERS Interactive does not collect a government-issued identification document, biometric data, or your date of birth to operate this gate. Completing this confirmation on behalf of another person, using another person’s identity, or while under the age of majority, is a material breach of these Terms and will result in immediate termination and referral to law enforcement where required. Should the law of your jurisdiction require a stronger age-verification mechanism, it will be introduced and disclosed before it takes effect.
R.2 Adult-content scope. The Services on this surface are operated as an adult product for users of legal majority. You agree that any User Content you submit, and any conversation you elicit from the AI Companions, complies with the prohibited-content list set out in the global Terms §5.4 and below: no content depicting or appearing to depict minors; no non-consensual content; no content depicting bestiality, incest, or other categories that are unlawful in Washington or any jurisdiction from which you access the Services. Violation results in immediate removal, account termination, and where required by law, referral to the National Center for Missing & Exploited Children (NCMEC) or the equivalent authority in your jurisdiction.
R.3 Jurisdictional carve-outs. Without limiting the general dispute-resolution clause in §10 of the global Terms, you acknowledge that statutes in certain US states (including Texas Senate Bill 12 and analogous statutes in other jurisdictions) impose specific obligations on operators of websites that make sexually explicit material available to residents of those states. ERS Interactive currently operates the age-attestation gate described in R.1. Where a court of competent jurisdiction or an applicable statute requires a stronger age-verification mechanism than self-attestation, the Services on this surface will be withdrawn from the relevant jurisdiction — or a compliant mechanism implemented and disclosed before it takes effect — rather than operated in violation of the statute, and affected accounts will be deleted in accordance with the global Privacy Policy §10. Disputes are otherwise governed by the law of the State of Washington and resolved in King County, Washington.
R.4 No real persons. The AI Companions on this surface are not real human performers and do not represent real human performers. Imagery generated through the Services is produced by generative AI models from text prompts. Records sufficient to demonstrate the AI-generated, non-human provenance of such imagery are maintained by ERS Interactive as records custodian per Privacy Policy Appendix R.3.
Questions about this appendix go to legal@thepeach.ai.