Is SpicyChat safe? Its age checks, content rules, privacy and the laws that may apply

The short answer

SpicyChat.AI is built for adults. Its community guidelines say users must be at least 18 and that every character must be an adult. Its help docs say users connecting from France, the UK, Italy, Australia and 26 U.S. states must pass an age check, by video selfie or ID, before they can see adult content.

Its terms say staff and contractors follow an internal policy against unauthorized access to users' chats. Its privacy policy, last updated in 2023, does not say whether chats are used to train AI. A SpicyChat notice dated August 27, 2025 says Apple removed its iPhone app, and it directs iPhone users to the website. We found no regulator or attorney general action naming it in official sources as of October 22, 2026.

Who runs it and who can use it

As of October 22, 2026, SpicyChat.AI's terms (updated July 23, 2026) say it is owned and operated by NextDay AI Incorporated, based in Montreal, with NextDay AI USA Inc. in Delaware and NextDay AI EU Ltd. in Cyprus. Quebec law governs, and the terms require individual arbitration and waive class actions.

Its community guidelines say all users must be at least 18. Its privacy policy (last updated May 4, 2023) says the service does not address anyone under 18.

How age is checked

SpicyChat.AI's age verification help page says users must verify their age to see adult content when connecting, by IP address, from a place that requires it. It lists France, the United Kingdom, Italy, Australia and these U.S. states:

• Alabama, Arizona, Arkansas, Florida, Georgia, Idaho, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana;
• Nebraska, North Carolina, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, West Virginia and Wyoming.

The page says most regions use a video selfie with an ID check as a fallback, and some use an ID check with a face match. It says checks are done by outside verification partners, which it does not name, and that SpicyChat never receives the images or documents, only a yes or no. Users who are not verified can still use the site, but adult content stays blocked.

Elsewhere, its pages do not describe an age check beyond the 18+ rule.

Content rules

SpicyChat.AI allows adult content between adult characters, and its FAQ says sorting characters as adult or general content is automated. Its terms and community guidelines prohibit, among other things:

• anything involving minors: its terms bar content that depicts, sexualizes or involves minors, including fictional or AI-generated depictions, and the guidelines say every scenario must involve people 18 or older and that youthful-looking characters are reviewed case by case even if listed as adults;
• characters based on real private individuals, and real photos or AI-generated portraits of real people, edited images, deepfakes and photorealistic images that could pass for real people; public figures may be used only without realistic images;
• non-consensual scenarios, even in fiction;
• characters that promote self-harm or illegal activity, which the guidelines say lead to an immediate ban;
• sex trafficking, incest, hate speech and extreme violence combined with sexual content.

The guidelines say characters that break the rules are removed without notice and that accounts can be suspended or terminated. Users can report content through the reporting page linked on its site.

Crisis and self-harm features

SpicyChat.AI's terms say chats and characters are fictional and should not be taken as real-life situations or advice. We did not find a SpicyChat page describing how it responds when users mention suicide or self-harm, or listing crisis lines.

Privacy: who sees your chats

SpicyChat.AI's terms say its employees and contractors follow an internal policy that prohibits unauthorized access to users' personal information and chats. Its privacy policy (last updated May 4, 2023) says it collects account details, usage and device data, and cookies, and that it may share data with service providers, affiliates, business partners offering promotions and buyers in a sale of the business.

Neither the terms nor the privacy policy says whether chats are used to train AI models, and the privacy policy does not mention chat content specifically. It says data is kept as long as needed for its purposes and legal obligations.

Deleting your data

SpicyChat.AI's terms say users can ask to delete their personal data and chat history, subject to legal retention duties, and that it may delete chats under its retention policy without notice. Its privacy policy says users can delete some information in account settings or contact SpicyChat. Its FAQ says deleted accounts cannot be restored.

Apps and payments

A SpicyChat notice dated August 27, 2025 says Apple removed its iPhone app from the App Store for not complying with Apple's guidelines, that installed copies stopped working on September 25, 2025, and that iPhone users should use the website. Its terms say paid plans are billed under the fees in effect and purchases are subject to its refund policy.

Government actions

We found no attorney general, FTC or other regulator action naming SpicyChat.AI or NextDay AI in official sources as of October 22, 2026. It was not among the seven companies that received the FTC's companion chatbot orders in September 2025, or among the 13 companies named as recipients of the multistate attorney general letters announced on August 25 and December 10, 2025.

Which chatbot laws may be relevant

No law names SpicyChat.AI. Whether a particular service counts as a companion chatbot under a given law is a legal question. SpicyChat's help page says its regional age checks respond to age-related regulations for adult content; it does not name those rules, and they are separate from the companion chatbot laws below. These state laws set duties for companion chatbot operators:

• California SB 243, in effect since January 1, 2026: operators must give a clear notice that the chatbot is AI when a reasonable person would be misled, keep a protocol to prevent suicide and self-harm content that refers users to crisis services, publish details of that protocol on their website, and tell users companion chatbots may not suit some minors. Injured users can sue.
• New York's AI companion law, in effect since November 5, 2025: operators need a protocol that makes reasonable efforts to detect suicidal thoughts or self-harm and refer users to crisis services, and must tell users they are not talking to a human at the start of an interaction and at least every three hours.
• Washington HB 2225 and Oregon SB 1546, both effective January 1, 2027: operators must disclose that the chatbot is AI (in Oregon, when a reasonable person could think it is human), run and publish a suicide and self-harm protocol with crisis referrals, and add protections for users the operator knows are minors (in Washington, also where the chatbot is directed to minors; in Oregon, also where the operator has reason to believe a user is a minor).

We are not saying SpicyChat.AI is covered by, or out of compliance with, any of these laws. It may have practices it has not published, and whether a law applies to it is a legal question this guide does not decide.