Terms of Service
These terms are an agreement between you and Samika Labs, Inc. ("Goober", "we", "us") for using the Goober app, website and related services. By creating an account or using Goober you agree to them and to our Privacy Policy. If you don't agree, don't use Goober.
Please read section 13. It contains a binding arbitration agreement and class action waiver that affect how disputes are resolved, unless you opt out.
1. Who can use Goober
You must be at least 18 years old and able to form a binding contract. You must sign up with a phone number you own and control, give accurate information, and keep only one account. You're responsible for everything that happens on your account, so keep your phone secure. We may refuse or end service to anyone who has been banned before.
2. What Goober is
Goober lets you connect with friends and use photos (yours, or ones your friends have allowed) to generate humorous AI images ("memes") and share them. Memes are generated by third-party AI models and can be unpredictable, inaccurate or not what you asked for. Generated images are fiction and parody, not depictions of real events.
3. Consent comes first
- Only make memes of people who have agreed to be memed. On Goober that means friends who have accepted your friend request and allowed friends to use their photos. Anyone can withdraw that permission at any time by changing their setting, removing a photo, unfriending or blocking you.
- Only upload photos you have the right to use. Don't upload photos of people who haven't agreed, including strangers, coworkers, celebrities or anyone under 18. When you join, you agree in the app that you won't upload anyone under 18 or anyone who hasn't agreed to be memed, and that agreement applies to every photo you upload.
- If someone asks you to stop or to delete a meme of them, do it.
- When you share a meme outside Goober, you are responsible for making sure the person in it is fine with that.
4. Acceptable use
Roasts are part of the fun, but don't cross into real harm. You may not use Goober to create, request or share content that:
- harasses, bullies, threatens, intimidates or humiliates someone, or targets someone who has asked you to stop;
- is sexual, nude or sexually suggestive involving any real person, or involves anyone under 18 in any way;
- attacks people based on race, ethnicity, national origin, religion, caste, disability, sex, gender identity, sexual orientation, age or other protected traits;
- depicts or encourages self-harm, suicide, or graphic violence or gore;
- impersonates someone, or is meant to deceive people into thinking an image is real (for example fake evidence, fake news, fake endorsements or scams);
- shows a real person committing a crime, or in a realistic false situation that could damage their reputation, presented as if it were real;
- depicts a political candidate, election official or ballot measure in a way meant to deceive voters;
- uses someone's likeness to advertise or sell anything;
- defames anyone, or invades someone's privacy (including sharing private information);
- infringes copyright, trademark, publicity or other rights;
- is illegal, or promotes illegal activity.
You also may not: get around free meme limits (for example with multiple numbers or fake invites), misuse rewarded ads, reverse engineer or scrape the service, interfere with or overload it, use automated means to access it, try to get around safety filters to produce prohibited content, or use Goober to build a competing product or train AI models.
5. Your content
"Your content" means photos you upload, prompts and captions you write, and memes you make. You're responsible for your content and how you share it. You keep whatever rights you have in it. You give us a worldwide, non-exclusive, royalty-free license to host, store, process, reproduce, modify (for example resize or generate images from), display and transmit your content, and to send it to our service providers such as AI image generators, only to operate, secure and improve Goober and as described in our Privacy Policy. When you let friends use your profile photos, you also allow them to use those photos within Goober to make memes. This license ends when your content is deleted, except for copies friends have already made, legally required records, and backups that are deleted over time.
AI-generated output may not be protected by copyright and may be similar to output generated for others. To the extent we have any rights in memes you generate, we assign them to you, subject to these terms.
AI-generated content
Everything Goober makes is generated by AI. Memes may carry a visible "made with AI" label or embedded provenance data (such as C2PA content credentials). Don't remove or hide those labels or that data, and don't present a meme as a real photo.
6. Moderation and removal
We use automated filters and our AI providers' safety systems, and these may refuse or change requests. You can report a meme or a user in the app, and we review reports. We may remove or restrict content, revoke share links, and suspend or terminate accounts at our discretion if we believe they violate these terms or the law, or create risk for others, with or without notice. We aren't obligated to monitor content and don't endorse anything users create. If you think we made a mistake, email support@trygoober.com.
Removal requests, including intimate images. Anyone, whether or not they use Goober, can ask us to remove a meme or image of them at trygoober.com/takedown. Under the federal TAKE IT DOWN Act, if you (or someone authorized to act for you) send us a written request about an intimate image of you that was shared without your consent, including an AI-generated one, we'll remove it and make reasonable efforts to remove identical copies within 48 hours of receiving a valid request. Sexual content involving minors is reported to the National Center for Missing & Exploited Children (NCMEC) as the law requires.
Copyright complaints. If you believe content on Goober infringes your copyright, send a notice with the information required by the U.S. Digital Millennium Copyright Act to our designated agent, Samika Labs, Inc., Attn: Copyright Agent, 169 Madison Ave STE 78064, New York, NY 10016, or support@trygoober.com. We'll terminate repeat infringers.
7. Free memes, rewards and ads
Free accounts get a limited number of free memes, tied to your phone number. Extra free memes may be earned when friends join with your link or by watching optional rewarded ads (limited per day). Deleting and re-creating your account does not reset your allowance. Memes and credits have no cash value, can't be transferred or sold, and may be changed, limited or ended by us. Memes made past the free limit may stay locked until you subscribe. If a meme fails to generate, the meme is returned to your allowance.
8. Goober+ subscriptions
- What you get. Goober+ is an auto-renewing monthly subscription that includes a monthly allowance of memes (currently 50 per month) and unlocks memes locked past the free limit. Unused memes don't roll over to the next month.
- Automatic renewal. Goober+ renews automatically every month and you will be charged the monthly price (currently US $1.99, plus any applicable tax, shown in your local currency in the app before you buy) each month until you cancel. There is no minimum term.
- Free trial. Eligible new subscribers get the first month free. Unless you cancel at least 24 hours before the trial ends, your subscription automatically converts to a paid monthly subscription and you'll be charged the monthly price when the trial ends. To avoid being charged, cancel in Settings as described below before then.
- Billing and renewal. Payment is charged to your Apple ID account when you confirm the purchase (or when a free trial ends). The subscription renews automatically each month unless auto-renew is turned off at least 24 hours before the end of the current period. Your account is charged for renewal within 24 hours before the end of the current period.
- Cancelling. Manage or cancel in your iPhone's Settings → [your name] → Subscriptions, or in the App Store. Cancelling stops future renewals; you keep Goober+ until the end of the period you paid for. Deleting the app or your Goober account does not cancel your subscription.
- Refunds. Purchases are processed by Apple, and refunds are handled by Apple under its policies at reportaproblem.apple.com. We can't issue refunds directly.
- Changes. We may change Goober+ features or pricing. We'll tell you about a price increase at least 7 days (and no more than 30 days) before it applies, along with how to cancel, and price increases also follow Apple's rules, which may require your consent before they apply to you.
9. Apple
These terms are between you and us, not Apple. Apple is not responsible for Goober or its content, has no obligation to provide maintenance or support, and is not responsible for any claims relating to Goober (including product liability, legal compliance, or intellectual property claims). If Goober fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price, if any; Apple has no other warranty obligation. Apple and its subsidiaries are third-party beneficiaries of these terms and may enforce them against you. You confirm you are not in a country subject to U.S. government embargo or on a U.S. restricted-party list. Your use of Goober must also comply with the App Store Terms of Service.
10. Our service and IP
Goober, including the app, its design, the Goober name and logo, is owned by us and protected by law. We give you a personal, revocable, non-transferable license to use the app on Apple devices you own or control, under these terms. If you send us feedback, we may use it without obligation to you. We may change, suspend or discontinue any part of Goober at any time.
11. Third-party services
Goober relies on third parties such as Apple, OpenAI, Google AdMob, Supabase and SMS carriers. Their services are governed by their own terms, and we're not responsible for them. Standard message and data rates may apply to sign-in codes and invites you send.
12. Ending your account
You can delete your account at any time in Account → Delete account. We may suspend or terminate your access if you break these terms or if we stop offering Goober. Sections that by their nature should survive termination (including 5, 10, and 13 through 17) survive.
13. Disputes and arbitration
Please contact us first at support@trygoober.com so we can try to resolve any issue informally within 60 days.
If we can't, you and we agree that any dispute arising from these terms or Goober will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, rather than in court, except that either party may bring an individual claim in small claims court or seek injunctive relief for misuse of intellectual property. You and we waive the right to a jury trial and to participate in a class action or class arbitration. You may opt out of this arbitration agreement by emailing us within 30 days of first accepting these terms. If this section is found unenforceable, disputes will be resolved in the courts described in section 17.
14. Disclaimers
Goober is provided "as is" and "as available". To the fullest extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, title and non-infringement. We don't promise that Goober will be uninterrupted, error-free or secure, that generated memes will be accurate, appropriate or to your liking, or that content from other users is lawful or inoffensive. You use AI-generated content at your own risk.
15. Limitation of liability
To the fullest extent permitted by law, Goober and its officers, employees and suppliers will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, data, goodwill or reputation, arising from or related to Goober or content made or shared with it, even if advised of the possibility. Our total liability for any claim is limited to the greater of the amount you paid us in the 12 months before the claim, or US $50. Some jurisdictions don't allow these limits, so they may not fully apply to you.
16. Indemnity
You agree to defend, indemnify and hold harmless Goober and its officers, employees and agents from claims, damages, losses and expenses (including reasonable legal fees) arising from your content, your use of Goober, or your breach of these terms or anyone's rights.
17. Governing law
These terms are governed by the laws of the State of Delaware, USA, without regard to conflict-of-law rules. Subject to section 13, disputes will be heard exclusively in the state or federal courts located in the State of Delaware, and you and we consent to their jurisdiction. If you live in a country whose consumer laws give you more protection, those protections still apply.
18. General
We may update these terms. If changes are material, we'll notify you in the app or by other reasonable means before they take effect; continuing to use Goober after that means you accept them. These terms and the Privacy Policy are the entire agreement between you and us about Goober. If any part is unenforceable, the rest stays in effect. Our failure to enforce a provision isn't a waiver. You may not assign these terms; we may assign them in connection with a merger, acquisition or sale of assets.
19. Contact
Samika Labs, Inc., 169 Madison Ave STE 78064, New York, NY 10016, USA
support@trygoober.com